Effective Aug. 27, 2026; an updated agreement takes effect Oct. 19, 2026
This version of the Agreement shows an effective date of August 27, 2026. A notice at the top of the page says Bank of America is updating the Online Banking Service Agreement effective October 19, 2026, and invites readers to preview the new agreement. The text of that updated agreement is not part of this source.
Supporting quotations
WE’RE UPDATING OUR ONLINE BANKING SERVICE AGREEMENT EFFECTIVE OCTOBER 19, 2026.
Preview our new Online Banking Service Agreement.
Effective Date: August 27, 2026
Qualifications & exceptions
Applies to the version effective August 27, 2026
A replacement version is announced for October 19, 2026
Not stated here
The terms of the updated agreement effective October 19, 2026 are not supplied, so what will change is unknown.
Agreement contains an arbitration clause and a class action waiver
A capitalized notice at the start states that the Agreement contains an arbitration clause, a class action waiver, and other important information about your legal rights, remedies and obligations if there is a dispute involving you and Bank of America, and asks you to read the document carefully. The notice itself only flags these terms; it does not set out how arbitration or the waiver works. It also does not mention that the arbitration terms later in the Agreement state that consumers have a right to opt out of the agreement to arbitrate.
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THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IN THE EVENT OF A DISPUTE INVOLVING YOU AND BANK OF AMERICA.
PLEASE READ THIS DOCUMENT CAREFULLY.
CONSUMERS HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE.
Qualifications & exceptions
Notice only; the operative arbitration and class action waiver terms are not in this paragraph
The later arbitration terms give consumers a right to opt out of arbitration, which this notice does not mention
Small business customers are also bound by the Business Services Addendum
In the Agreement, "small business" includes sole proprietors, non-consumer business entities and individual owners of the business, unless the context indicates otherwise. Additional or different terms for small business customers, and additional Services available only to them, are in the Business Services Addendum, which the Agreement states is part of this Agreement.
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the term “small business” includes sole proprietors, non-consumer business entities, and individual owners of the business, unless the context indicates otherwise.
If you are a small business customer, additional or different terms and conditions applicable to the Services, as well as additional Services available exclusively to small business customers, are included in the Business Services Addendum, which is a part of this Agreement.
Qualifications & exceptions
Definition applies unless the context indicates otherwise
The Addendum may add to or change terms for small business customers
Not stated here
The Business Services Addendum is not part of this source, so its additional or different terms and its small-business-only Services are unknown.
related (model-proposed): No bank liability for unauthorized password use before notice and time to act — Section 9 adds provisions that apply only to small business accounts, including password responsibility and limits on the bank's liability. Section 9.C's interest-only limit (b609) replaces the consumer rules for small business payments.
Legal Rights & Agreement Rules · Procedure
Enrolling in or using any Service means agreeing to the entire Agreement
If you apply for, enroll in, activate, download or use any of the Services, or authorize others to do so on your behalf, you are contracting for all Services described in the Agreement and agree to be bound by the entire Agreement. You also agree to any terms, instructions and disclaimer limitations that appear on screen when you enroll in, activate or access the Services.
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When you apply for, enroll in, activate, download or use any of the Services described in this Agreement or authorize others to do so on your behalf, you are contracting for all Services described in the Agreement and agree to be bound by the terms and conditions of the entire Agreement
as well as any terms, instructions, and any disclaimer limitations that appear on a screen when enrolling in, activating or accessing the Services.
Qualifications & exceptions
Authorizing someone else to enroll or use the Services on your behalf also counts
Acceptance covers all Services described, not only the one you use
On-screen terms, instructions and disclaimer limitations are also binding
Not stated here
The on-screen terms, instructions and disclaimer limitations are not part of this source.
Legal Rights & Agreement Rules · Context
Your linked accounts' own agreements still apply and are incorporated
Your use of the Services may also be affected by your Deposit Agreement and Disclosures (including the applicable schedule of fees) or other agreements with Bank of America for linked accounts, and by affiliate agreements for linked affiliate accounts, including Merrill investment accounts. Linking an account to the Services does not change its existing agreement, and you remain subject to that account's terms. Those account terms, including applicable fees, transaction limitations, liability rules, reservation of rights to protect an interest in property and rights under a security instrument, and other restrictions, are incorporated into this Agreement.
Supporting quotations
Your use of the Services may also be affected by your Deposit Agreement and Disclosures, including the applicable schedule of fees (“Deposit Agreement”), or other agreement with us for your linked Bank of America accounts and/or an agreement with our affiliates for your affiliate accounts linked to the Service, including your investment accounts at Merrill.
When an account is linked to the Services, it does not change the agreements you already have with us or our affiliates for that account and you are still subject to the terms and conditions we gave you in the agreement and disclosure for the linked account.
The terms and conditions for those account agreements, including any applicable fees, transaction limitations, liability rules, reservation of rights to protect an interest in property and rights under a security instrument, and other restrictions that might impact your use of an account through the Services, are incorporated into this Agreement.
Qualifications & exceptions
Linking an account does not change its existing agreement
Not stated here
The Deposit Agreement and Disclosures, its fee schedule, other account agreements and Merrill or other affiliate agreements are not supplied, so the incorporated fees, limits and liability rules are unknown.
Legal Rights & Agreement Rules · Restriction or exception
In a conflict, account agreements prevail unless this Agreement says otherwise
If the terms of a linked account's agreement conflict with this Agreement, the applicable account agreement's terms prevail, unless this Agreement specifically states otherwise.
Supporting quotations
In the event of a conflict between the terms of those account agreements and this Agreement, the terms of the applicable account agreement will prevail unless this Agreement specifically states otherwise.
Qualifications & exceptions
Exception where this Agreement specifically states otherwise
Not stated here
This paragraph does not identify which provisions of this Agreement specifically override the account agreements.
narrows (model-proposed): Erica disputes follow existing agreements; Erica terms control on conflict — Linked-account agreements generally prevail in a conflict 'unless this Agreement specifically states otherwise'. The Erica terms do say otherwise: they control in an irreconcilable conflict 'solely with respect to Erica' (b656).
Legal Rights & Agreement Rules · Restriction or exception
Moves between Merrill investment accounts follow Merrill's own terms
If you use the Services to move money between your investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions, which you agreed to when you became a Merrill online customer, that Merrill agreement applies to the transaction instead of this Agreement.
Supporting quotations
If you use the Services to move money between your investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions, which you agreed to when you became a Merrill online customer, that agreement, and not this Agreement will apply to your transaction.
Qualifications & exceptions
Applies only to moves between investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions
Not stated here
The Merrill Lynch Brokerage Website Terms and Conditions are not supplied.
Legal Rights & Agreement Rules · Restriction or exception
You certify authority over external accounts added to Transfers
You certify that any account you add to Transfers is one you are authorized to make payments from, and that each payment will debit an account you are legally authorized to use. Adding an account at another financial institution does not change your agreements with that institution, and you are asked to review them for fees, transaction-count limits and other restrictions.
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You certify that any account you add to Transfers is an account from which you are authorized to make payments, and any payment you make using Transfers will debit an account that you are legally authorized to use.
When you add an account maintained at another financial institution, you do not change the agreements you have with that financial institution for that account.
Please review those agreements for any applicable fees, limitations on the number of transactions you can make, and for other restrictions.
Qualifications & exceptions
The other institution's agreements still apply unchanged
data: payment · purpose: service_operation
Not stated here
Fees and restrictions under your agreements with the other financial institution
Legal Rights & Agreement Rules · Restriction or exception
Bank of America is not responsible for late or missing e-Bills
Bank of America takes no responsibility if a Payee does not provide the data needed to forward an e-Bill on time, and says it is not responsible for any late charges or other adverse consequences. If an e-Bill does not arrive, it is your responsibility to contact the Payee directly, and questions about e-Bill details go to the Payee.
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We take no responsibility if a Payee does not provide the necessary data to forward an e-Bill in a timely manner.
If you do not receive an e-Bill, it is your responsibility to contact the Payee directly.
We are not responsible for any late charges or other adverse consequences.
Any questions regarding your e-Bill details should be directed to your Payee.
Qualifications & exceptions
You must contact the Payee if an e-Bill is missing
Legal Rights & Agreement Rules · Context
Zelle transfers are governed by the rules of the funds transfer system used
Zelle transfers are governed by the rules of whatever funds transfer system carries them, as those rules are amended from time to time. The agreement names, without limitation, the National Automated Clearing House Association (Nacha) and real time payment services (RTP).
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Transfers will be governed by the rules of any funds transfer system through which the transfers are made, as amended time from time
including, without limitation, the National Automated Clearing House Association (“Nacha”) or real time payment services (“RTP”)
Qualifications & exceptions
Rules apply as amended over time
Named systems are examples, not an exhaustive list
Not stated here
The content of Nacha rules, RTP rules or any other funds transfer system rules is not supplied
Legal Rights & Agreement Rules · Restriction or exception
Bank of America and Zelle disclaim responsibility for other Users' Zelle tags
You acknowledge you may encounter Zelle tags that are offensive, indecent or objectionable. Bank of America and Zelle state they are not responsible for and assume no liability for any User's Zelle tag, including loss or damage it causes, and make no representation or warranty that a tag accurately identifies a particular User.
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You understand that by using the Service, you may be exposed to a Zelle tag that is offensive, indecent, or objectionable.
We and Zelle® are not responsible for, and assume no liability, for any User Zelle tags, including any loss or damage caused thereby.
We and Zelle® make no representation or warranty that a User Zelle tag accurately identifies a particular User of the Service.
Qualifications & exceptions
Disclaimer covers loss or damage caused by tags
No warranty a tag identifies the intended person
Legal Rights & Agreement Rules · Restriction or exception
Your wireless carrier is not liable for delayed or undelivered Zelle messages
The agreement states your wireless carrier is not liable for any delay or failure to deliver messages sent to or from Bank of America or Zelle, including messages you send through them or that they send on your behalf.
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Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from us or Zelle®
including messages that you may send through us or through Zelle® or that we may send or Zelle® may send on your behalf
data: messages
Legal Rights & Agreement Rules · Restriction or exception
Bank of America and Zelle disclaim liability to you for incoming transfers
The agreement states that neither Bank of America nor Zelle is liable to you for any such transfers of money, including any failure, through no fault of theirs, to complete a transaction in the correct amount, and any related losses or damages.
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Neither we nor Zelle® shall have liability to you for any such transfers of money, including without limitation, (i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages.
8. Error Resolution Procedures for Consumer Accounts
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. For instance, we will not be liable where:
Except as otherwise provided in this Agreement,
Qualifications & exceptions
Listed examples are 'without limitation'
Correct-amount example is limited to failures through no fault of Bank of America or Zelle
For consumer accounts, Section 8.C says Bank of America is liable for losses or damages when it fails to complete a transaction on time or in the correct amount under its agreement with you, subject to the exceptions listed there.
Legal Rights & Agreement Rules · Restriction or exception
Bank of America and Zelle disclaim liability for Zelle transfers and typos
Except as otherwise provided in the Agreement, neither Bank of America nor Zelle is liable to you for transfers under the Service, including a failure through no fault of theirs to complete a transaction in the correct amount, or related losses or damages. Neither is liable for typos or keystroke errors you make. Your liability for unauthorized transactions is addressed separately in Section 8.
Supporting quotations
Except as otherwise provided in this Agreement, neither we nor Zelle® shall have liability to you for any transfers of money under the Service
(i) any failure, through no fault of us or Zelle® to complete a transaction in the correct amount, or (ii) any related losses or damages
Neither we nor Zelle® shall be liable for any typos or keystroke errors that you may make when using the Service.
For information regarding your liability for unauthorized transactions, see Section 8 of this agreement.
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions.
Qualifications & exceptions
Except as otherwise provided in this Agreement
Unauthorized transactions governed by Section 8
For consumer accounts, Section 8.C states Bank of America is liable for losses or damages if it does not complete a transaction on time or in the correct amount according to its agreement with you, subject to exceptions; the Zelle disclaimer's examples cover failures through no fault of Bank of America or Zelle
Cross-references
qualifies (model-proposed): No liability for unauthorized transactions reported within 60 (or 90) days — The Zelle liability disclaimer points to Section 8 for unauthorized transactions (b280). Section 8.B's Regulation E rules (no liability if you report within 60 or 90 days) limit how far that disclaimer reaches.
Legal Rights & Agreement Rules · Restriction or exception
You are responsible for resolving disputes with other Zelle Users
Except as provided in Section 8, you agree that you, not Bank of America or Zelle, are responsible for resolving payment or other disputes with any other User you send money to, or receive or request money from, through the Service.
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EXCEPT AS PROVIDED IN SECTION 8 BELOW, YOU AGREE THAT YOU, NOT WE OR ZELLE®, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENT OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER USER
WITH WHOM YOU SEND MONEY TO, OR RECEIVE OR REQUEST MONEY FROM, USING THE SERVICE
Qualifications & exceptions
Except as provided in Section 8
Legal Rights & Agreement Rules · Restriction or exception
Payments induced by misrepresentation are not "unauthorized"
Bank of America does not guarantee the identity of any Zelle or other payment service users, whether recipients or senders. Sending a payment to someone who induced it by misrepresenting the goods or services or their own identity does not make the transaction "unauthorized" as that term is defined in Section 8.B.
Supporting quotations
WE DO NOT GUARANTEE THE IDENTITY OF ANY USERS OF ZELLE® AND OTHER PAYMENT SERVICES
SENDING PAYMENTS TO A PERSON WHO HAS INDUCED SUCH PAYMENT BY MISREPRESENTING THE GOODS OR SERVICES TO BE PROVIDED, OR THE IDENTITY OF THE PAYMENT RECIPIENT, DOES NOT MAKE THE TRANSACTION “UNAUTHORIZED,” AS DEFINED BELOW IN SECTION 8.B.
Qualifications & exceptions
Uses the Section 8.B definition of unauthorized
Legal Rights & Agreement Rules · Restriction or exception
No debt collection through Zelle requests, with indemnity if you do
By accepting the Agreement you agree you are not engaging in the business of debt collection by using money requests to collect overdue or delinquent debts, money owed to another person, or amounts owed under a court order. You agree to indemnify, defend and hold harmless Bank of America, Zelle, their owners, directors, officers, agents and Network Banks against all claims, losses, expenses, damages and costs (including direct, incidental, consequential, exemplary and indirect damages) and reasonable attorney's fees arising from any request you send related to overdue or delinquent amounts.
Supporting quotations
you agree that you are not engaging in the business of debt collection
to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order
You agree to indemnify, defend and hold harmless us, Zelle®, our and their owners, directors, officers agents and Network Banks
from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages)
and reasonable attorney's fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts
Qualifications & exceptions
Indemnity covers reasonable attorney's fees and consequential and exemplary damages
Legal Rights & Agreement Rules · Restriction or exception
RTP payments are irrevocable; you are responsible for amounts you enter
Because RTP payments are irrevocable and can't be reversed, the agreement says you should be careful to verify that an RFP comes from a Payee you know and trust and that the amount you enter is correct before you pay. Bank of America makes no representations or warranties that RFP information is accurate and complete, and checking it is your responsibility. You remain responsible for any payment you authorize even if you enter the wrong amount, and Bank of America will not be liable for your typographical, keystroke or other errors.
Supporting quotations
Since all payments are irrevocable and cannot be reversed
you should be careful to verify that the RFP you receive is from a Payee you know and trust and that the amount you enter is correct before sending a payment
We make no representations or warranties that the information contained in a RFP is accurate and complete.
It is your responsibility to verify the accuracy of that information prior to sending a payment.
You will still be responsible for any payment you authorize us to make even if you enter the wrong amount.
We will not be liable for any typographical, keystroke or other errors made by you.
Qualifications & exceptions
Payments cannot be reversed
No warranty on the accuracy of RFP information
You remain responsible for wrong amounts you enter
data: payment · purpose: service_operation
Legal Rights & Agreement Rules · Restriction or exception
No purchase protection for authorized RTP payments; disputes are yours
Bank of America does not offer a protection program for authorized RTP payments. It will not be liable if you don't receive the goods or services you paid for, or if they are damaged or not what you expected. You are responsible for resolving those disputes with the Payee you paid.
Supporting quotations
We do not offer a protection program for authorized payments made through RTP.
We will not be liable if you do not receive the goods or services that you paid for, or if the goods or services are damaged or otherwise not what you expected.
You are responsible for resolving any such disputes you may have with the Payee to whom you sent a payment through RTP.
Qualifications & exceptions
Applies to authorized payments
data: payment
Legal Rights & Agreement Rules · Context
Liability for unauthorized RTP transfers is governed by Section 8
For your liability for unauthorized RTP transactions, the RTP section refers you to Section 8 of the Agreement and does not state separate rules of its own.
Supporting quotations
For information regarding your liability for unauthorized transactions, see Section 8 of this Agreement.
Qualifications & exceptions
Rules are set out in Section 8, outside this section
Fedwire, CHIPS, SWIFT and NACHA rules govern transfers; EFTA prevails
Same-Business-Day domestic wires and international outbound wires may run through Fedwire, CHIPS or SWIFT, and payment orders are governed by Federal Reserve Regulation J and Federal Reserve operating rules, the CHIPS Operating Rules, or the SWIFT operating rules, respectively. For Remittance Transfers, the Electronic Funds Transfer Act (EFTA) prevails to the extent of any inconsistency with those network rules, and, notwithstanding anything to the contrary in the Agreement, remittance rights and obligations are set by the EFTA and, as applicable, New York law. ACH transfers may go through an ACH processor Bank of America selects or directly to another bank, and are subject to National Automated Clearing House Association rules or the bank's agreement with that other bank.
Supporting quotations
Same-Business-Day domestic wire transfers and international outbound wire transfers may be executed through Fedwire
through CHIPS (Clearing House Interbank Payments System)
through SWIFT (Society for Worldwide Interbank Financial Telecommunication)
Federal Reserve Regulation J and all applicable Federal Reserve operating rules shall govern the payment orders.
the CHIPS Operating Rules shall govern the payment orders.
the SWIFT operating rules shall govern the payment orders.
with respect to Remittance Transfers, to the extent of any inconsistencies between the above referenced rules and the provisions of the Electronic Funds Transfer Act
the provisions of EFTA shall prevail.
Notwithstanding anything to the contrary contained herein, the rights and obligations that apply to Remittance Transfers are set forth in the EFTA and, as applicable, as set forth in New York law.
ACH transfers may be made through the Automated Clearing House processor selected by us or directly to another bank
will be subject to the National Automated Clearing House Association rules or our agreement with the other bank, in effect at such time, as applicable.
Qualifications & exceptions
EFTA prevails only for Remittance Transfers and only to the extent of inconsistency
Remittance rule applies notwithstanding anything to the contrary in the Agreement
New York law applies 'as applicable' to Remittance Transfers
Not stated here
Contents of Regulation J, Federal Reserve operating rules, CHIPS Operating Rules, SWIFT operating rules and NACHA rules are not supplied
Bank of America's agreements with other banks are not supplied
Legal Rights & Agreement Rules · Context
Which transfers this section's ACH and wire liability rules cover
The liability rules that follow in this Liability section apply to Same-Business Day Domestic Wire transfers and to all ACH and Wire transfers from a business account. Liability for ACH transfers to or from a Bank of America consumer account is instead described in Section 8, and liability for Remittance Transfers in Section 6.F.
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The following applies to Same-Business Day Domestic Wire transfers and all ACH and Wire transfers from a business account.
The liability for ACH transfers to or from a Bank of America consumer account is described in Section 8 below.
The liability for Remittance Transfers is described in Section 6.F below.
Qualifications & exceptions
Consumer ACH transfers: see Section 8
Remittance Transfers: see Section 6.F
Not stated here
Which liability rules govern consumer wire transfers that are neither Same-Business Day Domestic Wires nor Remittance Transfers is not expressly stated here
Legal Rights & Agreement Rules · Restriction or exception
Errors: liability limited to correction, or refund plus up to 60 days' interest
For the transfers this Liability section covers, if Bank of America fails or delays a transfer, or sends less than instructed, its liability is limited to correcting the error. If it sends more than instructed, or permits an unauthorized transfer after having reasonable time to act on your notice of possible unauthorized use, liability is limited to refunding the amount plus interest from the transfer date to the refund date, capped at 60 days' interest. Both limits apply unless law or another provision of the Agreement requires otherwise.
Supporting quotations
If we fail or delay in making a transfer pursuant to your instructions, or if we make a transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law or as otherwise provided in this Agreement, our liability shall be limited to correcting the error.
If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use
our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the transfer to the date of the refund, but in no event to exceed 60 days' interest.
Qualifications & exceptions
Unless otherwise required by law or provided in the Agreement
Unauthorized-transfer refund applies only after reasonable time to act on your notice
Legal Rights & Agreement Rules · Restriction or exception
No special, indirect or consequential damages or attorney's fees for transfers
Unless law requires otherwise, Bank of America will not be liable for special, indirect or consequential damages, including loss from later wrongful dishonor caused by its acts or omissions or lost profits, even if warned of the possibility in advance. It also is not liable for your attorney's fees except as required by law.
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Unless otherwise required by law, in no event will Bank of America be liable to you for special, indirect or consequential damages including, without limitation, loss or damage from subsequent wrongful dishonor resulting from our acts or omissions or lost profits, even if we are advised in advance of the possibility of such damages.
We shall not be liable for your attorney's fees, except as required by law.
Qualifications & exceptions
Unless otherwise required by law
Applies even if Bank of America was advised of possible damages
Stated within the Liability section scoped to Same-Business Day Domestic Wires and business-account ACH/Wire transfers
Legal Rights & Agreement Rules · Restriction or exception
Bank liable only for negligence; not for third parties in the transfer chain
You agree that Bank of America is liable only for its negligent performance or non-performance of the ACH and Wire Transfer services, with its responsibility limited to exercising reasonable and ordinary care. Unless law requires otherwise, it is not liable for any error, delay, act or omission of any third party, including third parties it uses to execute payment orders, and no such third party is considered its agent.
Supporting quotations
You expressly agree that Bank of America shall be liable to you only for our negligent performance or non-performance of the ACH and Wire Transfer services, and that our responsibility shall be limited to the exercise of reasonable and ordinary care.
Unless otherwise required by law, Bank of America shall not be liable for any error or delay on the part of any third party or for any other act or omission of any third party, including without limitation third parties used by Bank of America in executing any payment order relating to a transfer or performing a related act
no such third party shall be deemed to be our agent.
Qualifications & exceptions
Standard is reasonable and ordinary care
Third-party exclusion applies unless otherwise required by law
Stated within the Liability section scoped to Same-Business Day Domestic Wires and business-account ACH/Wire transfers
Legal Rights & Agreement Rules · Restriction or exception
No guarantee alerts arrive or are accurate; no liability for alert problems
Bank of America says it does its best to send timely, accurate alerts, but alerts may be delayed or prevented by factors beyond its control, and it does not guarantee their delivery or accuracy. You agree it is not liable for delayed, undelivered or misdirected alerts, errors in alert content, or actions you or a third party take or do not take because of an alert.
Supporting quotations
We do our best to provide alerts in a timely manner with accurate information
alerts may be delayed or prevented by a variety of factors beyond our control (such as system failures or misdirected delivery). We don't guarantee the delivery or accuracy of alerts.
You agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert or for any actions taken or not taken by you or a third party as the result of an alert.
Qualifications & exceptions
Covers delays, non-delivery, misdirection and content errors
Covers actions taken or not taken by you or a third party based on an alert
Legal Rights & Agreement Rules · Restriction or exception
Account Alerts are a courtesy, not a right or a debt collection attempt
By using the Service, you acknowledge that requesting Account Alerts does not create a right to receive them; the agreement says they are sent periodically as a courtesy and "solely as an exercise of your discretion," and that you are in no way entitled or obligated to receive them. Account Alerts are informational only and are not meant as a demand for payment, an attempt to collect a debt, a request on an obligation, an attempt to impose personal liability for a discharged debt, or an attempt to modify a bankruptcy plan or discharge order.
Supporting quotations
such request does not create a right to receive Account Alerts from Bank of America, that Account Alerts will be sent to you periodically as a courtesy and solely as an exercise of your discretion, that you are in no way entitled or obligated to receive Account Alerts
will be sent to you for informational purposes only and are not intended and should not be construed as a demand for payment, an attempt to collect a debt, a request on an obligation, an attempt to impose personal liability on you for any discharged debt, or an attempt to modify any bankruptcy plan or discharge order.
Liability rules come from Regulation E and do not apply to business accounts
The agreement states these liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts, and that terms in this section that the agreement does not define but Regulation E does define have their Regulation E meaning. It adds that Bank of America's own liability policy for unauthorized transactions on consumer deposit accounts may give more protection if you report promptly, and that state law applicable to your account may give you more time to report or more protection than Regulation E.
Supporting quotations
These liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts.
All terms in this Section not defined in this Agreement but defined in Regulation E will have the meaning given in Regulation E.
Our liability policy regarding unauthorized transactions on consumer deposit accounts may give you more protection, provided you report the transactions promptly.
the state law applicable to your account may give you more time to report an unauthorized transaction or may give you more protection than Regulation E.
Qualifications & exceptions
Regulation E does not apply to business accounts
Bank policy's extra protection conditioned on prompt reporting
Not stated here
The bank's separate liability policy for consumer deposit accounts is not supplied
Which state law applies and what it provides is not stated
contrast (model-proposed): No bank liability for unauthorized password use before notice and time to act — Regulation E's unauthorized-transaction protections do not apply to business accounts (b592). Small business accounts instead fall under Section 9, where the bank has no liability for unauthorized password use until you give notice and it has had a reasonable opportunity to act.
Legal Rights & Agreement Rules · Restriction or exception
Small business notices go to address on record; no liability if intercepted
Small business customers agree that Bank of America may send notices and other communications, including password confirmations, to the current address in its records, even if that address does not direct delivery to a particular person. They also agree that Bank of America will not be responsible or liable in any way if information is intercepted by an unauthorized person, either in transit or at the customer's place of business.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
You agree that we may send notices and other communications, including password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual.
You further agree that Bank of America will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business.
Qualifications & exceptions
Section 9 applies only to small business accounts
Covers interception in transit or at your place of business
purpose: service_operation
Not stated here
Whether "address" means a postal address, an email address, or both is not stated.
Legal Rights & Agreement Rules · Restriction or exception
No bank liability for unauthorized password use before notice and time to act
For small business accounts, Bank of America will have no liability for any unauthorized payment or transfer made using your password that occurs before you have notified the bank of possible unauthorized use and the bank has had a reasonable opportunity to act on that notice.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
Bank of America will have no liability to you for any unauthorized payment or transfer made using your password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice.
Qualifications & exceptions
Section 9 applies only to small business accounts
Applies until notice is given and the bank has had a reasonable opportunity to act
data: payment · purpose: security
Not stated here
What counts as a "reasonable opportunity" to act is not defined.
Legal Rights & Agreement Rules · Restriction or exception
Small business: no special, indirect, consequential damages or attorney's fees
In the small business section, unless law requires otherwise, Bank of America will never be liable for special, indirect or consequential damages, including lost profits or attorney's fees, even if it was told in advance that such damages were possible.
Supporting quotations
9. Additional Provisions Only Applicable to Small Business Accounts
Unless otherwise required by law, in no event will Bank of America be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages.
Qualifications & exceptions
Section 9 applies only to small business accounts
Unless otherwise required by law
Applies even if the bank was advised of possible damages
Legal Rights & Agreement Rules · Restriction or exception
Services provided as is and as available, with all warranties disclaimed
Except where the Agreement says otherwise and subject to applicable law, neither Bank of America nor its Vendors (including their owners, directors, officers or agents) make any express or implied warranties, representations or endorsements about the Services. They disclaim all warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and do not promise the Services will be uninterrupted, timely, secure or error-free or that defects will be fixed. "Vendors" means any third-party service provider, network or partner financial institution the bank engages to perform functions under the Agreement.
Supporting quotations
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW
NEITHER WE NOR OUR VENDORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS OR AGENTS, MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES.
WE AND OUR VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
“VENDOR(S)” MEANS ANY THIRD-PARTY SERVICE PROVIDER, NETWORK OR PARTNER FINANCIAL INSTITUTION WE MAY ENGAGE TO PERFORM FUNCTIONS FOR US UNDER THIS AGREEMENT
Qualifications & exceptions
Except as otherwise provided in the Agreement
Subject to applicable law
Also covers Vendors and their owners, directors, officers and agents
Not stated here
The specific Vendors the bank uses are not identified.
Legal Rights & Agreement Rules · Restriction or exception
Broad damages exclusion for transactions, errors and unauthorized data access
Except where the Agreement says otherwise and subject to applicable law, Bank of America and its Vendors will not be liable for any damages of any kind, including direct, incidental, consequential, special, exemplary or other indirect damages. This covers damages arising from any transaction through the Services, errors or inaccuracies in the Services, unauthorized access to or alteration of your transmissions or data, or any other matter relating to the Services, even if they were told such damages were possible.
Supporting quotations
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES
(I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
(IV) ANY OTHER MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED
EVEN IF WE OR OUR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
If we do not complete a transaction to or from your account on time, or in the correct amount according to our agreement with you, we will be liable for your losses or damages.
Qualifications & exceptions
Except as otherwise provided in the Agreement
Subject to applicable law
Includes direct damages
Section 8.C separately says the bank will be liable for your losses or damages if it does not complete a transaction on time or in the correct amount, subject to listed exceptions
Cross-references
qualifies (model-proposed): Bank liability for failing to complete transactions, with listed exceptions — Section 10.B expressly allows exceptions elsewhere in the Agreement. Section 8.C provides a consumer remedy for failure to complete a transaction on time or in the correct amount, subject to its listed exceptions.
qualifies (model-proposed): No liability for unauthorized transactions reported within 60 (or 90) days — The damages exclusion is 'subject to applicable law' (b616). Section 8.B's Regulation E rules on unauthorized transactions, including the note that the bank's own policy or state law may give more protection (b592), still apply to consumer accounts.
Legal Rights & Agreement Rules · Restriction or exception
If dissatisfied, your sole remedy is to stop using the Services
The agreement says that if you are dissatisfied with the Services or with the terms of the Agreement, your sole and exclusive remedy is to stop using the Services. This sits within the limitation of liability, which begins with "except as otherwise provided herein, and subject to applicable law."
Supporting quotations
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW
IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Qualifications & exceptions
Within a section that is subject to applicable law and to other provisions of the Agreement
Legal Rights & Agreement Rules · Restriction or exception
No liability for failed transfers caused by events beyond the bank's control
Bank of America will not be liable to you or any third party for failing to execute a transfer or perform a related act if the failure results from causes or conditions beyond its reasonable control. Listed examples include strikes, riots, insurrection, war, military or national emergencies, acts of God, natural disasters, fire, computer or equipment outages, quarantines, pandemics, and failures of transportation, communication methods or power supplies.
Supporting quotations
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR FAILURE TO EXECUTE ANY TRANSFER OR PERFORM A RELATED ACT IF SUCH FAILURE IS DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL
INCLUDING WITHOUT LIMITATION
STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS
OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS
FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES
Qualifications & exceptions
Applies only where the cause is beyond the bank's reasonable control
The listed examples are not exhaustive
data: payment
Cross-references
qualifies (model-proposed): Bank liability for failing to complete transactions, with listed exceptions — Section 10.B excuses failures caused by events beyond the bank's reasonable control, including computer outages (b617). The consumer-account version in 8.C excuses events beyond the bank's control only 'despite reasonable precautions we've taken' (b597).
Legal Rights & Agreement Rules · Restriction or exception
$100 liability cap in states where the damages exclusion may not apply
In states where the exclusion or limitation of liability for consequential or incidental damages may not apply, the liability of Bank of America and its Vendors is limited, and warranties are excluded, to the greatest extent the law permits. In no event will that liability exceed $100.00.
Supporting quotations
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY
ANY LIABILITY OF US OR OUR VENDORS
IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
Qualifications & exceptions
Applies in states where the consequential or incidental damages exclusion may not apply
Liability may not exceed $100.00
Not stated here
The states this applies to are not named.
Legal Rights & Agreement Rules · Restriction or exception
You agree to indemnify and defend Bank of America and its Vendors
You acknowledge that you are personally responsible for your conduct while using the Services. Except where the Agreement says otherwise, you agree to indemnify, defend and hold harmless Bank of America and its Vendors, including their owners, directors, officers and agents, against all claims, losses, expenses, damages and costs, including reasonable attorney's fees. This covers anything arising from your use, misuse, errors or inability to use the Services, your violation of the Agreement, or your breach of any representation or warranty in it.
Supporting quotations
You acknowledge and agree that you are personally responsible for your conduct while using the Services
except as otherwise provided in this Agreement, you agree to indemnify, defend and hold harmless us, our Vendors, including our or their owners, directors, officers, agents
from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees
resulting from or arising out of your use, misuse, errors, or inability to use the Services, or any violation by you of the terms of this Agreement or your breach of any representation or warranty contained in this Agreement
Qualifications & exceptions
Except as otherwise provided in the Agreement
Includes reasonable attorney's fees
Covers direct, incidental, consequential, exemplary and indirect damages
Legal Rights & Agreement Rules · Context
Warranty disclaimer, liability limits and indemnity survive termination
Sections 10.A (disclaimer of warranties), 10.B (limitation of liability) and 10.C (indemnification) continue to apply after the Agreement is terminated.
Supporting quotations
The provisions of Sections 10.A, B and C shall survive termination of this Agreement.
Qualifications & exceptions
Applies to Sections 10.A, 10.B and 10.C
Legal Rights & Agreement Rules · Permission or license
Bank may change the Agreement at any time; notice when legally required
Bank of America may add, delete or change the Agreement's terms at any time. It will tell you about changes when the law requires, and will try to tell you about the nature of material changes even when not required. It may give notice by mail, email or a notice on its website, and will make the updated terms available on its website.
Supporting quotations
We may add, delete or change the terms of this Agreement at any time.
We will inform you of changes when legally required and will try to inform you of the nature of any material changes even when not legally required to do so.
We may communicate changes by either mail, email or a notice on our website and will make the updated terms available on our website.
This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us.
These arbitration provisions shall survive changes in this Agreement
Qualifications & exceptions
Notice is promised only when legally required
For other material changes the bank says only that it "will try" to inform you
Section 12 says the arbitration provision may not be amended, severed or waived except as provided in this Agreement or in a written agreement, and survives changes to the Agreement
Not stated here
What counts as a "material" change is not defined.
The Agreement does not say whether this general change right is one of the ways 'provided in this Agreement' that the arbitration provision may be amended
Legal Rights & Agreement Rules · Restriction or exception
Continued use after changes are posted means they apply; you may stop using
By continuing to use the Services after changes are posted to the website, you agree that the changes take effect for transactions made after that date, whether or not you visit the website or otherwise actually receive notice. If you do not agree with a change, you may stop using the Services.
Supporting quotations
You agree that by continuing to use the Services after the date that changes are posted to our website, such changes will be effective for transactions made after that date, whether or not you access the website or otherwise receive actual notice of the changes.
If you do not agree with a change, you may discontinue using the Services.
Qualifications & exceptions
Changes apply to transactions after the posting date
Applies even without actual notice
Legal Rights & Agreement Rules · Procedure
Erica disputes follow existing agreements; Erica terms control on conflict
Questions or disputes about Erica, transactions performed through it, or information it provides may be directed in accordance with the Online Banking Services Agreement or any other applicable agreement with Bank of America or its affiliates, such as a deposit or credit account agreement. If there is an irreconcilable conflict between "these Terms" and another Bank of America agreement, these Terms control, but only with respect to Erica.
Supporting quotations
You may direct any questions or disputes regarding Erica, or any transactions performed, or information provided through Erica, in accordance with the Online Banking Services Agreement or any other applicable agreement you may have with us or our affiliates
such as an applicable deposit or credit account agreement
If there is any irreconcilable conflict between these Terms and any other agreement you have with Bank of America, then these Terms will control solely with respect to Erica.
Qualifications & exceptions
Conflict rule applies solely with respect to Erica
Applies only to irreconcilable conflicts
Not stated here
Deposit and credit account agreements are not supplied
Legal Rights & Agreement Rules · Company commitment
Privacy notices govern personal information and are part of this agreement
Bank of America says it will only use personally identifiable information in accordance with its Online Privacy Notice and U.S. Consumer Privacy Notice. Those notices are incorporated into and made part of this agreement by reference.
Supporting quotations
We will only use personally identifiable information in accordance with our Online Privacy Notice and U.S. Consumer Privacy Notice.
which are incorporated into and made a part of this Agreement by this reference
Qualifications & exceptions
The notices are incorporated by reference
data: identifiers
Not stated here
Contents of the Online Privacy Notice and U.S. Consumer Privacy Notice are not supplied
Legal Rights & Agreement Rules · Restriction or exception
Either party can require binding arbitration of disputes under the FAA
The agreement says all disputes between you and Bank of America must be resolved by binding arbitration whenever either party chooses to submit a dispute to arbitration or refers a lawsuit filed by the other side to arbitration. When that happens, each party waives the right to have the dispute heard in court, subject to limits described in the Scope of Arbitration section. The arbitration agreement is made under the Federal Arbitration Act for both substance and procedure, and states a goal of effective, efficient and less costly resolution that it is to be interpreted to achieve.
Supporting quotations
all disputes between you and us be resolved by binding arbitration whenever either party chooses to submit a dispute to arbitration or either party refers a lawsuit filed by the other to arbitration
each party waives the right to have any dispute heard in court whenever either party chooses to submit or refer such dispute to arbitration
subject to the limitations set forth further below in the Scope of Arbitration section
This arbitration agreement is entered into pursuant to the Federal Arbitration Act
with respect to both substance and procedure
the goal of proceeding in arbitration shall be to achieve effective, efficient, and less costly resolution between you and us
this arbitration agreement shall be interpreted and applied to achieve that goal
Opt-out of Arbitration Agreement. If you are a consumer (and not a small business), you have the right to opt out of this Arbitration provision. You can opt out at [www.bankofamerica.com/arbitration-optout](https://www.bankofamerica.com/arbitration-optout) or if you prefer to opt out by phone, you must call us at 800.283.8875. You must opt out within sixty (60) days of first delivery of this Arbitration provision. Any other method, form, or means of opting out shall be treated as being invalid or ineffective. If you already have pending litigation or arbitration against/with us when you opt out, any request to opt out of this arbitration clause will not apply to that litigation or arbitration.
unless arbitration is prohibited by law.
The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis, whereas Claims in other courts may be compelled into arbitration by either party.
Qualifications & exceptions
Applies whenever either party elects arbitration or refers the other's lawsuit to arbitration
Subject to the limits in the Scope of Arbitration section
Governed by the Federal Arbitration Act as to substance and procedure
Consumers (not small businesses) may opt out by the specified website or phone method within 60 days of first delivery of the arbitration provision. Opting out does not apply to litigation or arbitration already pending when they opt out.
Either party may pursue an individual claim within a small claims court’s jurisdiction; arbitration is also subject to legal prohibitions.
Legal Rights & Agreement Rules · Restriction or exception
Unless a consumer opts out, court, class action and jury rights are waived
In capital letters, the agreement states that consumers have a right to opt out of the agreement to arbitrate. Unless you are a consumer and opt out in the manner described later, both you and Bank of America waive the right to have a dispute heard by a judge or decided by a court, waive any ability to bring or join a class, representative or consolidated proceeding in court or in arbitration, and waive having claims heard by a jury. Except as stated later in the section, all disputes must be resolved by binding arbitration when either side requests it.
Supporting quotations
CONSUMERS HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE.
UNLESS YOU ARE A CONSUMER AND OPT OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW
YOU AND WE ARE WAIVING THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR OTHERWISE TO BE DECIDED BY A COURT
YOU AND WE ARE WAIVING ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING, WHETHER IN COURT OR IN ARBITRATION, AND TO HAVE ANY CLAIMS HEARD BY A JURY
ALL DISPUTES, EXCEPT AS STATED BELOW, MUST BE RESOLVED BY BINDING ARBITRATION WHEN EITHER YOU OR WE REQUEST IT.
Qualifications & exceptions
Opt-out right is for consumers only
Waivers apply to both you and Bank of America
Class/representative waiver applies in court and in arbitration
Exceptions are stated later in the section
Legal Rights & Agreement Rules · Restriction or exception
Arbitration covers online and mobile services, advertising and ID applications
Claims or disputed issues that arise out of or relate in any way to this Agreement and any Services must be decided by arbitration unless arbitration is prohibited by law. Listed examples, which are not exhaustive, are Zelle, Real Time Payment, Bill Payment, ACH, wire and internal transfers, E-Bills, Online Banking Alerts, Deals and Erica, whether accessed by computer or mobile device. Also included are claims about advertising of products relating to or under this Agreement and about the application for, denial, approval or establishment of your Online/Mobile ID account. Covered Claims go to arbitration regardless of the legal theory or the type of remedy sought, and whether they arose in the past, exist now or arise in the future.
Supporting quotations
Claims or disputed factual or legal issues between you and us that arise out of or relate in any way to this Agreement and any Services
including but not limited to Zelle Network Services, Real Time Payment Network Service, Bill Payment Services, ACH, Wire and Internal Transfer Services, E-Bills, Online Banking Alerts, Deals, and Erica Bank of America’s Virtual Financial Assistant
whether you access such Services through a personal computer or a mobile device
are subject to and must be decided by arbitration, unless arbitration is prohibited by law
any claims or disputed factual or legal issue arising from or relating in any way to the advertising of our products relating to or under this Agreement, or the application for, or the denial, approval or establishment of your Online/Mobile ID account are included
are subject to arbitration regardless of what legal claim or theory they are based on or whether they seek legal, equitable, or statutory remedies
whether they arose in the past, may currently exist, or may arise in the future
Opt-out of Arbitration Agreement. If you are a consumer (and not a small business), you have the right to opt out of this Arbitration provision. You can opt out at [www.bankofamerica.com/arbitration-optout](https://www.bankofamerica.com/arbitration-optout) or if you prefer to opt out by phone, you must call us at 800.283.8875. You must opt out within sixty (60) days of first delivery of this Arbitration provision. Any other method, form, or means of opting out shall be treated as being invalid or ineffective. If you already have pending litigation or arbitration against/with us when you opt out, any request to opt out of this arbitration clause will not apply to that litigation or arbitration.
unless arbitration is prohibited by law.
The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis, whereas Claims in other courts may be compelled into arbitration by either party.
Qualifications & exceptions
Unless arbitration is prohibited by law
List of services is not exhaustive
Covers past, present and future claims
Applies to contract, tort, statutory or other theories and to legal, equitable or statutory remedies
Consumers (not small businesses) may opt out by the specified website or phone method within 60 days of first delivery of the arbitration provision. Opting out does not apply to litigation or arbitration already pending when they opt out.
Either party may pursue an individual claim within a small claims court’s jurisdiction; arbitration is also subject to legal prohibitions.
Legal Rights & Agreement Rules · Procedure
Arbitration discovery is presumptively limited to directly relevant documents
To the extent permitted by law, discovery between Bank of America and you on any Claim is presumptively limited to exchanging documents directly relevant to that Claim, unless the arbitrator orders additional discovery after finding good cause.
Supporting quotations
To the extent permitted by law
the discovery exchanged between Bank of America and you as to any Claim is presumptively limited to the exchange of documents directly relevant to the Claim, absent an order from the arbitrator that good cause exists to require the exchange of additional discovery
Qualifications & exceptions
To the extent permitted by law
Arbitrator may order more discovery for good cause
Legal Rights & Agreement Rules · User right or choice
You or Bank of America may use small claims court instead of arbitration
Both you and Bank of America may pursue a Claim in small claims court instead of arbitration if the Claim is within that court's jurisdiction and proceeds on an individual basis. Either party may compel Claims filed in other courts into arbitration. The agreement calls this the only exception to arbitration of Claims, and the waiver section repeats that you give up your right to go to court except for small claims matters or as otherwise provided in the agreement. The same section also separately provides a consumer opt-out, a carve-out where arbitration is prohibited by law, and a move to court if the class and consolidation limits are held unenforceable for a Claim.
Supporting quotations
The only exception to arbitration of Claims is that both you and we have the right to pursue a Claim in a small claims court instead of arbitration, if the Claim is in that court’s jurisdiction and proceeds on an individual basis
whereas Claims in other courts may be compelled into arbitration by either party
By accepting this arbitration agreement you GIVE UP YOUR RIGHT TO GO TO COURT except for matters that may be taken to a small claims court or as otherwise provided for in this agreement.
CONSUMERS HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE.
unless arbitration is prohibited by law
then the Claim must be handled through litigation in court instead of by arbitration
Qualifications & exceptions
Claim must be within the small claims court's jurisdiction
Claim must proceed on an individual basis
Claims in other courts may be compelled into arbitration
Described as the only exception, though other provisions in the section also lead outside arbitration
Not stated here
The waiver section refers to matters 'as otherwise provided for in this agreement' without listing them
Legal Rights & Agreement Rules · Context
Account-service claims follow the account agreement's arbitration terms
If your Claim concerns services provided under your account agreement rather than the online or mobile Services covered by this Agreement, the agreement directs you to the arbitration terms in your account agreement, noting that other terms and exceptions may apply to your Claim and circumstances.
Supporting quotations
If your Claim concerns services provided under your account agreement and not to the online or mobile Services covered by this Agreement, refer to the arbitration terms in your account agreement
as other terms and exceptions may apply to your Claim and individual circumstances
Qualifications & exceptions
Applies to claims about account-agreement services, not online/mobile Services
Not stated here
The arbitration terms and exceptions in the separate account agreement are not supplied here
Legal Rights & Agreement Rules · Restriction or exception
Claims proceed individually; no class, joined or consolidated proceedings
Arbitration proceeds only on an individual basis, so class actions, consolidated actions and similar proceedings are not available, and you may not join your Claims with other persons on other accounts. Unless you are a consumer who opts out, both sides waive the right to bring or join class, representative or consolidated proceedings in court or arbitration and waive a jury, as permitted by law. The arbitrator has no authority to hear a Claim as a class or representative action, to consolidate Claims of separate claimants except claimants on the same account, or to make an award for or against anyone other than the named individual party.
Supporting quotations
Arbitration will proceed on an INDIVIDUAL BASIS, so class actions, consolidated actions, and similar proceedings will NOT be available to you.
Claims in arbitration will proceed only on an individual basis.
you may not join your Claims with other persons on other accounts in the arbitration
UNLESS YOU ARE A CONSUMER AND OPT OUT OF THIS AGREEMENT TO ARBITRATE
YOU AND WE ARE WAIVING THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT OR IN ARBITRATION
AND ARE WAIVING THE RIGHT TO HAVE A JURY DECIDE ANY CLAIM, AS PERMITTED BY LAW
The arbitrator shall have no authority to entertain any Claim as a class action or on any other similar representative basis
nor shall the arbitrator have any authority to consolidate Claims brought by separate claimants (except for claimants on the same account)
the arbitrator also shall have no authority to make any award for the benefit of, or against, any person other than the individual who is the named party
Qualifications & exceptions
Unless you are a consumer and opt out
Consolidation is allowed only for claimants on the same account
Jury waiver applies as permitted by law
Legal Rights & Agreement Rules · Restriction or exception
If class limits are held unenforceable, the Claim goes to court instead
If the terms prohibiting class, representative or consolidated procedures are held legally unenforceable for any reason as to a Claim, that Claim must be handled through litigation in court instead of arbitration. That litigation remains subject to the parties' agreement to waive a jury trial.
Supporting quotations
If these terms prohibiting class, representative, or consolidation procedures are held to be legally unenforceable for any reason with respect to a Claim, then the Claim must be handled through litigation in court instead of by arbitration, subject to the parties’ agreement to waive the right to have a jury decide any claim.
Qualifications & exceptions
Triggered only if the class/representative/consolidation prohibitions are held unenforceable for a Claim
Remains subject to the agreed jury waiver
Legal Rights & Agreement Rules · Context
Mass arbitration claims face additional requirements
Individual Claims filed as part of a "mass arbitration" are subject to additional requirements set out in a separate Mass Arbitration section later in the agreement.
Supporting quotations
For individual Claims filed as part of a “mass arbitration,” as that term is defined herein, the additional requirements set forth in the Mass Arbitration section below shall apply.
Qualifications & exceptions
Applies only to Claims filed as part of a mass arbitration as defined later
Legal Rights & Agreement Rules · User right or choice
Consumers may opt out of arbitration online or by phone within 60 days
Consumers (not small businesses) may opt out of the arbitration provision at www.bankofamerica.com/arbitration-optout or by calling 800.283.8875, and must do so within sixty (60) days of first delivery of the provision; any other method is treated as invalid or ineffective. An opt-out does not apply to litigation or arbitration already pending against or with Bank of America. Opting out affects only this arbitration agreement, not the agreement's other provisions, other arbitration agreements, or accounts whose opt-out period has already passed.
Supporting quotations
If you are a consumer (and not a small business), you have the right to opt out of this Arbitration provision.
You can opt out at [www.bankofamerica.com/arbitration-optout](https://www.bankofamerica.com/arbitration-optout) or if you prefer to opt out by phone, you must call us at 800.283.8875.
You must opt out within sixty (60) days of first delivery of this Arbitration provision.
Any other method, form, or means of opting out shall be treated as being invalid or ineffective.
If you already have pending litigation or arbitration against/with us when you opt out, any request to opt out of this arbitration clause will not apply to that litigation or arbitration.
Opting out of this Agreement to arbitrate will not affect or opt out of the other provisions of this agreement.
your decision to opt out will apply only to this arbitration agreement and not any other arbitration agreement or any accounts for which the opt out period has already passed
Qualifications & exceptions
Consumers only, not small businesses
Deadline: 60 days from first delivery of the arbitration provision
Only the website or phone number are valid methods
Does not affect already-pending litigation or arbitration
Does not reach other arbitration agreements or accounts whose opt-out period has passed
Not stated here
How 'first delivery' is determined is not specified
Legal Rights & Agreement Rules · Procedure
AAA administers arbitration; this agreement controls over AAA rules
Arbitrations are administered by the American Arbitration Association under its Consumer or Commercial Arbitration Rules, as applicable, in effect when the arbitration begins, plus its Mass Arbitration Supplementary Rules for mass arbitrations. A single arbitrator conducts proceedings under the Consumer Rules, while each mass arbitration case uses a Process Arbitrator and a single Merits Arbitrator. If AAA rules conflict with this arbitration agreement, the agreement controls; if AAA cannot handle the Claim, a neutral arbitrator chosen by the parties (or by a court under the FAA if they cannot agree) arbitrates under AAA procedural rules.
Supporting quotations
Arbitrations between us shall be administered by the American Arbitration Association
The AAA shall apply its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, in effect at the time the arbitration is commenced and the Mass Arbitration Supplementary Rules to mass arbitration matters.
A single arbitrator shall conduct proceedings under the Consumer Arbitration Rules, and a Process Arbitrator and single Merits Arbitrator shall conduct each mass arbitration case.
If there is a conflict between the applicable AAA rules and procedures and this arbitration agreement, this arbitration agreement will control.
In the event that AAA is unable to handle the Claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the FAA), pursuant to the AAA rules of procedure.
Qualifications & exceptions
Rules in effect when the arbitration is commenced
Arbitration agreement prevails over conflicting AAA rules
Fallback arbitrator if AAA cannot handle the Claim
Not stated here
AAA Consumer, Commercial and Mass Arbitration Supplementary Rules are not supplied
Number of arbitrators under the Commercial Rules is not stated
Legal Rights & Agreement Rules · Restriction or exception
Arbitration filings and rulings are confidential and non-precedential
All pleadings, information and documents exchanged in arbitration, and the arbitrator's ruling, are to be treated as confidential and have no precedential value. However, if either party seeks to confirm the arbitrator's decision in court, the documents needed for confirmation do not have to be filed under seal.
Supporting quotations
All pleadings, information and documents exchanged, and the arbitrator’s ruling shall be treated as confidential and have no precedential value.
However, if either Party seeks to confirm the arbitrator’s decision in court, the Parties agree that the documents necessary for such confirmation need not be filed under seal.
Qualifications & exceptions
Exception: documents needed to confirm a decision in court need not be sealed
Legal Rights & Agreement Rules · Procedure
Arbitrator powers: early rulings, applicable law, limits and sanctions
On either party's motion, any arbitrator has the power to decide dispositive legal issues before a full merits hearing, consistent with Federal Rules of Civil Procedure 12 and 56, and will decide the Claim under applicable substantive law and recognized principles of equity. The arbitrator will determine whether the claimant completed the steps needed to start the case, apply the governing law's statutes of limitations, and honor privileges recognized by law. The arbitrator may award damages or relief permitted by law and the agreement, including stated limitations that the agreement refers to once as 'set forth below' and once as 'set forth above' without identifying them. The arbitrator also has the same power as a federal court to sanction represented parties or counsel for violating the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C. section 1927.
Supporting quotations
upon motion by either of us, any arbitrator shall have the power to decide dispositive issues of law prior to a full merits hearing, consistent with Federal Rules of Civil Procedure 12 and 56
will decide the Claim in accordance with all applicable substantive law and recognized principles of equity
The arbitrator will determine whether the claimant has completed the steps necessary to initiate the suit.
The arbitrator will construe the Claim under the applicable statutes of limitations provided for under the governing law.
The arbitrator will honor all claims of privilege recognized by law.
The arbitrator will have the power to award to a party any damages or relief as permitted by the law and the agreement between you and us (including the limitations set forth below).
(including the limitations set forth above)
the arbitrator has the same power as a federal court to impose sanctions against any represented party or counsel for any violation of the standards of Federal Rule of Civil Procedure 11(b) or 28 U.S.C.
Qualifications & exceptions
Early dispositive rulings require a motion by either party
Relief is limited to what law and the agreement permit, including stated limitations
Sanctions apply to represented parties or counsel
Sanction standards: Federal Rule of Civil Procedure 11(b) or 28 U.S.C. section 1927
Not stated here
Which specific 'limitations' on damages or relief are meant is not identified; the two cross-references point in opposite directions
Legal Rights & Agreement Rules · Restriction or exception
Arbitrator decides arbitrability; a court decides if an agreement exists
All issues are for the arbitrator to decide, including the scope of the arbitrator's own jurisdiction and whether individual claims are arbitrable. The exception is whether the parties entered into an agreement to arbitrate at all, which is for a court of competent jurisdiction to decide.
Supporting quotations
All issues are for the arbitrator to decide, including the scope of his or her own jurisdiction, and the arbitrability of individual claims
except that questions of whether the parties have entered into an agreement to arbitrate are for a court of competent jurisdiction to decide
Qualifications & exceptions
Formation of the arbitration agreement is reserved to a court
Legal Rights & Agreement Rules · Procedure
Court venue is the state where the deposit account is located
For disputes about whether this Agreement exists, or Claims the arbitrator determines are not arbitrable, the parties consent to jurisdiction and venue in an appropriate court in the state where the deposit account is located.
Supporting quotations
For disputes regarding the existence of this Agreement, or for any Claims that the arbitrator determines are not arbitrable, the parties consent to jurisdiction and venue in an appropriate court in the state where the deposit account is located.
Qualifications & exceptions
Applies to disputes over the Agreement's existence and Claims found non-arbitrable
Not stated here
Which state applies is not addressed for customers without a deposit account or with deposit accounts in multiple states
Legal Rights & Agreement Rules · Procedure
Information you must include when you file an arbitration demand
In addition to the AAA's own rules, when you start an arbitration case you agree to provide your name, full account number, mailing address, phone number, email address, a factual description of each disputed transaction (date, amount, type) and/or event (date, location, people involved), the basis of your Claim, and an itemized calculation of all claimed damages. If you have a lawyer, you must also provide a signed statement authorizing Bank of America to share information about your account and the Claim with that lawyer. Leaving this information out may lead to dismissal of your Claim, but you may refile once you provide it.
Supporting quotations
In addition to the requirements set forth in the AAA Rules
you will provide your name, full account number, mailing address, telephone number, email address, a factual description of every disputed transaction for which you seek compensation (date, amount, and transaction type) and/or event (date, location, and individuals involved), explanation of the basis of your Claim, an itemized calculation of all alleged damages
if represented by counsel, a signed statement authorizing us to share information regarding your account and the Claim with them
failure to provide this information may result in dismissal of your Claim, though you have the right to refile once you provide the information described in this section
Qualifications & exceptions
Applies in addition to the AAA Rules
Counsel authorization statement only if you are represented
Dismissal for missing information is not final; you may refile once the information is provided
The AAA Rules referenced are not supplied in this source
Legal Rights & Agreement Rules · Restriction or exception
You must personally sign the demand and certify compliance with Rule 11(b)
You must sign the arbitration demand yourself, and if you have a lawyer, the lawyer must sign it too. By submitting the demand, you (and your lawyer, if any) represent that you are complying with Federal Rule of Civil Procedure 11(b), as you would in court.
Supporting quotations
You must personally sign the demand for arbitration (and your counsel must also sign the demand, if you are represented by counsel).
you (and your counsel, if you are represented) represent that, as in court, you are complying with the requirements of Federal Rule of Civil Procedure 11(b)
Qualifications & exceptions
Counsel must also sign if you are represented
Not stated here
The source does not restate what Federal Rule of Civil Procedure 11(b) requires
Legal Rights & Agreement Rules · Permission or license
Arbitrator may impose sanctions and shift fees for frivolous or improper claims
The arbitrator may grant any relief or impose any sanctions available under the substantive standards of Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or applicable state law against represented parties and their lawyers. If the arbitrator finds that your claim or Bank of America's claim, or the relief sought, was frivolous, made without sufficient reasonable inquiry and/or a good-faith basis, or brought for an improper purpose (measured by the standards of Rule 11(b) and/or 28 U.S.C. § 1927), the arbitrator may reallocate compensation, expenses, and administrative fees (including filing and hearing fees) as justice requires and applicable law permits.
Supporting quotations
The arbitrator is authorized to afford any relief or impose any sanctions available under the substantive standards established by Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law on represented parties and their counsel.
If the arbitrator finds that either the substance of your or our claim or the relief sought was frivolous, without sufficient reasonable inquiry and/or a good faith basis, or was brought for an improper purpose
(as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), and/or under 28 U.S.C. § 1927)
the arbitrator may reallocate compensation, expenses, and administrative fees (which include filing and hearing fees) as justice requires, and as permitted by applicable law
Qualifications & exceptions
Applies to either party's claim
Sanctions provision refers to represented parties and their counsel
Frivolousness and improper purpose measured by Rule 11(b) and/or 28 U.S.C. § 1927 standards
Fee reallocation limited to what applicable law permits
Legal Rights & Agreement Rules · Restriction or exception
Mass arbitration rules apply to 25+ similar claims with coordinated counsel
If your Claim is filed as part of a "mass arbitration" — 25 or more arbitration claims involving the same or similar subject matter and/or legal or factual issues, where all claimants' representation is the same or coordinated — additional Mass Arbitration Procedures apply. The agreement says these procedures are designed to streamline claims cost-effectively, keep large-volume filings from burdening resolution, and preserve the integrity of arbitration. You agree to them even though they may delay arbitration of your individual Claim. If at any point you are unsatisfied with the speed, you may withdraw your demand and proceed in small claims court, if the Claim is within that court's jurisdiction and proceeds individually.
Supporting quotations
twenty-five (25) or more arbitration claims involving the same or similar subject matter and/or issues of law or fact, and where representation of all claimants is the same or coordinated across the cases
lead to the streamlined and cost-effective resolution of claims
ensure that large volume filings do not impose unnecessary burdens or impediments
preserve the integrity of the arbitration process
You agree to these procedures even though they may delay the arbitration of your individual Claim.
If at any point you are unsatisfied with the speed by which your matter is proceeding in mass arbitration
you are free to withdraw your arbitration demand and proceed in small claims court if the Claim is in that court’s jurisdiction and proceeds on an individual basis
Qualifications & exceptions
Threshold: 25 or more claims with the same or coordinated representation
May delay your individual Claim
Small claims alternative only if within that court's jurisdiction and individual
Legal Rights & Agreement Rules · Procedure
A Process Arbitrator is appointed before merits in a mass arbitration
In a mass arbitration, a "Process Arbitrator" is appointed before any arbitrator is assigned to decide the merits of your Claim, with authority to ensure the Mass Arbitration Procedures and AAA rules are followed. The Process Arbitrator is selected under the AAA Mass Arbitration Supplementary Rules or any equivalent AAA rule then in effect, or, absent any AAA rule, under the process the agreement describes. In short, each party receives an AAA list of proposed Process Arbitrators and meets and confers to pick a mutually agreeable candidate; if they cannot agree, they submit preferences and the AAA selects one.
Supporting quotations
before an arbitrator is assigned to determine the merit of your Claim, a “Process Arbitrator” will be appointed
The Process Arbitrator will have the authority to ensure these Mass Arbitration Procedures and the AAA rules are followed.
AAA Mass Arbitration Supplementary Rules or any equivalent AAA rule then in effect
or consistent with the process set forth herein in the absence of any AAA rule
each Party will receive a list of proposed Process Arbitrators provided by the AAA and will meet and confer to identify a mutually-agreeable candidate
If the Parties cannot agree, they will submit their preferences to the AAA, and the AAA will select a Process Arbitrator.
Qualifications & exceptions
Applies only to mass arbitrations
Not stated here
The AAA Mass Arbitration Supplementary Rules are not supplied
Legal Rights & Agreement Rules · Permission or license
Process Arbitrator can dismiss mass-arbitration Claims on threshold grounds
In a mass arbitration, the Process Arbitrator, in addition to its authority under the AAA Mass Arbitration Supplementary Rules, may resolve disputes over whether your Claim should be dismissed, for example for failing to comply with the "Mass Arbitration Filing Requirements" or other requirements of the agreement, or on grounds permitted under the Federal Rules of Civil Procedure, including Rule 12. If the Process Arbitrator finds you failed to comply with any requirement, your Claim will be dismissed without prejudice to refiling once the deficiencies are remedied. Based on the information submitted under those filing requirements or any alternative filing requirements then in effect, it may also decide other threshold eligibility issues, including but not limited to whether you had an account with the Bank, experienced the transaction, fee, or event at issue, or cannot pursue the claim due to a clear legal or factual deficiency, and dismiss your Claim as appropriate. It may also decide whether a given dispute about these requirements and procedures is within its jurisdiction, and impose any relief or sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or applicable state law.
Supporting quotations
In addition to the authority outlined in the AAA Mass Arbitration Supplementary Rules
the Process Arbitrator shall be empowered to resolve any dispute regarding whether your Claim should be dismissed
you failed to comply with the Mass Arbitration Filing Requirements, any other requirements outlined in this agreement
including Federal Rule of Civil Procedure 12
if the Process Arbitrator finds you failed to comply with any requirement, your Claim will be dismissed, without prejudice to refiling once the deficiencies are remedied
pursuant to any alternative filing requirements then in effect
whether you had an account with the Bank, experienced the transaction, fee, or event at issue, or otherwise cannot pursue the claim due to a clear legal or factual deficiency, and to dismiss your Claim as appropriate
The Process Arbitrator shall have the power to determine whether or not a given dispute regarding these Mass Arbitration Filing Requirements and/or Procedures are within the Process Arbitrator’s jurisdiction.
The Process Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. § 1927, or any applicable state law.
Qualifications & exceptions
Dismissal for noncompliance is without prejudice to refiling once deficiencies are remedied
Applies only to mass arbitrations
Threshold eligibility issues are not limited to the listed examples
Not stated here
"Mass Arbitration Filing Requirements" is not defined elsewhere in the source; it may refer to the Arbitration Demand Filing Requirements, but the text does not say
The AAA Mass Arbitration Supplementary Rules, and any alternative filing requirements then in effect, are not supplied
Legal Rights & Agreement Rules · Procedure
Mass arbitrations proceed in rounds of 30 selected cases
After any disputes within the Process Arbitrator's jurisdiction are resolved, counsel for the claimants and counsel for the Bank each select 15 cases to proceed first to individual merits arbitration, with final hearings within 90 days of selection unless the parties agree to a different period; unless the parties otherwise agree, no Merits Arbitrator may be assigned more than 5 cases. After those first 30 cases are resolved, counsel meet and confer on efficiency, including settlement discussions, mediation or changing the number of cases per stage; if the remaining cases are not resolved, each side selects another 15 cases, each assigned to a different Merits Arbitrator unless the parties agree one may take up to 5, with proceedings again within 90 days of selection unless the parties agree otherwise. After the second set of 30, counsel confer again; if there is no global resolution, on either party's motion the Process Arbitrator can decide to expedite by assigning Merits Arbitrators to all remaining cases at once, and if no motion is made, proceedings continue in sets of 30 cases. Any dispute about these specific procedures is resolved by the Process Arbitrator.
Supporting quotations
Following the resolution of any disputes within the jurisdiction of the Process Arbitrator, if any
counsel for the claimants and counsel for the Bank shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings on the merits of each claim
Unless the Parties otherwise agree, in no event shall any individual Merits Arbitrator be assigned more than five (5) cases.
which shall occur within ninety (90) days of the selection of the cases (unless the Parties agree to a different time period)
After the first thirty (30) cases are resolved, counsel will meet and confer regarding ways to improve the efficiency of the proceedings
including whether to pursue settlement discussions or mediation or to change the number of cases filed in each stage
If the Parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings and conferring in good faith
each side shall select another fifteen (15) cases per side to proceed to individual arbitration proceedings
which shall occur within ninety (90) days of the selection of the cases (unless the Parties agree to a different time period)
Each of these thirty (30) cases shall be assigned to a different Merits Arbitrator, though if the Parties otherwise agree, a single Merits Arbitrator may be assigned up to five (5) cases.
After this second set of thirty (30) cases are resolved, counsel will again meet and confer
If the Parties do not reach a global resolution after the second set of cases are resolved
on either Party’s motion, the Process Arbitrator can decide to expedite the proceedings by forgoing more rounds of case selection and instead assigning Merits Arbitrators to all of the remaining cases at once
If no motion is made, this Mass Arbitration Procedure shall continue with thirty (30) cases in each set of proceedings
Any dispute regarding any aspect of the specific Mass Arbitration Procedures outlined in this section shall be resolved by the Process Arbitrator.
Qualifications & exceptions
Time periods and arbitrator caps may be changed by agreement of the parties
Expedited assignment of all remaining cases requires a party's motion after the second round without global resolution, and is at the Process Arbitrator's discretion
Legal Rights & Agreement Rules · Restriction or exception
Mass arbitration procedural rulings are not immediately reviewable in court
Disputes about interpreting or enforcing the Mass Arbitration Procedures are decided by the Process Arbitrator, or by the Merits Arbitrator once a case has been released to merits proceedings. Those decisions are treated as interlocutory and are not subject to immediate court review. If any of these procedures is found legally unenforceable, the proceedings continue in arbitration under the AAA's Mass Arbitration Supplementary Rules or an equivalent AAA rule then in effect.
Supporting quotations
Any dispute regarding the interpretation or enforcement of these Mass Arbitration Procedures shall be decided by the Process Arbitrator or, in cases that have been released to merits proceedings, the Merits Arbitrator.
Their decisions regarding the Mass Arbitration Procedures shall be considered interlocutory in nature and not subject to immediate judicial review.
If any terms of these Mass Arbitration Procedures are found to be legally unenforceable for any reason, then the proceedings shall otherwise continue in arbitration in accordance with AAA’s Mass Arbitration Supplementary Rules, or any equivalent AAA rule then in effect.
Qualifications & exceptions
No immediate judicial review of procedural decisions
Unenforceable procedures fall back to the AAA Mass Arbitration Supplementary Rules, not to court
Not stated here
The AAA Mass Arbitration Supplementary Rules are not supplied
Legal Rights & Agreement Rules · Restriction or exception
Arbitration survives changes, account closure, payoff, bankruptcy and sale
The arbitration provisions continue to apply after changes to the Agreement and after your account or relationship with Bank of America ends. This includes the bankruptcy of any party and any sale or assignment of your account, or of amounts owed on it, to another person or entity. The opt-out paragraph adds that the agreement to arbitrate applies without limitation even if your account is closed, sold or assigned, you pay any outstanding debt in full, or you file for bankruptcy.
Supporting quotations
These arbitration provisions shall survive changes in this Agreement and termination of the account or the relationship between you and us, including the bankruptcy of any party and any sale or assignment of your account, or amounts owed on your account, to another person or entity.
This agreement to arbitrate will apply without limitation, regardless of whether 1) your account is closed, sold, or assigned; 2) you pay us in full any outstanding debt you owe; or 3) you file for bankruptcy.
Qualifications & exceptions
Survives changes to the Agreement and termination of the account or relationship
Survives bankruptcy of any party and sale or assignment of the account or amounts owed
Applies even if you pay any outstanding debt in full
Legal Rights & Agreement Rules · Restriction or exception
Invalid terms are severed, but class or representative arbitration is barred
If any part of the agreement is found invalid or unenforceable, the other terms stay in force, except that there can be no arbitration of a class or representative Claim. The arbitration provision cannot be amended, severed or waived except as the agreement provides or by a written agreement between you and Bank of America.
Supporting quotations
If any part of this Agreement is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim.
This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us.
Qualifications & exceptions
No class or representative arbitration even if other terms are found invalid
Changes only as the agreement provides or by written agreement
Legal Rights & Agreement Rules · Restriction or exception
Arbitration award is final and binding, with appeal only as the FAA allows
An arbitration ruling is final, binding, and enforceable by any court with jurisdiction. Neither party may appeal it except as the Federal Arbitration Act (FAA) allows.
Supporting quotations
The arbitration ruling will be considered final and binding, and enforceable by any court having jurisdiction.
No party may seek an appeal of the arbitration ruling, except as provided under the FAA.
Qualifications & exceptions
Appeal only as provided under the FAA
Not stated here
The source does not describe what review the FAA permits