Bank of America Online Banking Service Agreement

Legal Rights & Agreement Rules · Context

This is the Online Banking Service Agreement effective October 19, 2026

The document is titled Bank of America Online Banking Service Agreement and states an effective date of October 19, 2026. The saved source is this dated version, so these cards describe the terms it states, not an earlier or later version.

Supporting quotations

Bank of America Online Banking Service Agreement

Effective Date: October 19, 2026

Qualifications & exceptions

• Describes only the version of the agreement that states an October 19, 2026 effective date.

Legal Rights & Agreement Rules · Context

The agreement is organized into numbered sections for each online service

The table of contents lists a general description, payment and transfer services using internal accounts, bill payment, the Zelle network service, the Real Time Payment network service, ACH and wire transfers, online banking alerts, error resolution procedures for consumer accounts, additional provisions only applicable to small business accounts, a disclaimer of warranties, limitation of liability and indemnification section, other terms and conditions, and disputes and arbitration. The list is navigation only and does not itself state any term; the operative text is in the sections it points to.

Details not recorded for this card

Supporting quotations

General Description of Bank of America Online Banking Service Agreement

Payment & Transfer Services Using Internal Accounts

Bill Payment Services

Real Time Payment Network Service

ACH and Wire Transfers

Online Banking Alerts

Error Resolution Procedures for Consumer Accounts

Additional Provisions Only Applicable to Small Business Accounts

Disclaimer of Warranties, Limitation of Liability and Indemnification

Other Terms and Conditions

12. Disputes and Arbitration

Qualifications & exceptions

• Table-of-contents entries only; the terms themselves sit in the sections listed.

Not stated here

• This card names sections only. The text of a linked document is not supplied here, so this card cannot say what any linked document contains.

Legal Rights & Agreement Rules · Context

The agreement opens with a notice that it contains an arbitration clause and class action waiver

The first paragraph warns in capital letters that the agreement contains an arbitration clause, a class action waiver and other important information about legal rights, remedies and obligations if a dispute arises between you and Bank of America, and asks you to read it carefully. This is a notice at the start; what the arbitration clause and waiver actually require is stated in the dispute section later in the agreement, not here.

Supporting quotations

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, CLASS ACTION WAIVER

Qualifications & exceptions

• Notice only; the operative arbitration and waiver terms are in the dispute section.

Legal Rights & Agreement Rules · Company practice

Applying for, enrolling in, activating, downloading or using a Service binds you to the whole agreement

When you apply for, enroll in, activate, download or use any Service described in the agreement, or authorize others to do so for you, you contract for all the Services described and agree to the entire agreement, along with any terms, instructions and disclaimer limitations that appear on a screen when you enroll in, activate or access the Services.

Supporting quotations

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

• Includes authorizing others to do these things on your behalf.
• On-screen terms, instructions and disclaimer limitations are also part of what you agree to.

Legal Rights & Agreement Rules · Restriction or exception

Your account agreements still apply and prevail over this agreement in a conflict, unless it says otherwise

Use of the Services may also be affected by your Deposit Agreement and Disclosures (including the fee schedule) or other agreements with Bank of America or its affiliates for your linked accounts, including Merrill investment accounts. Linking an account does not change those existing agreements. Their terms, including fees, transaction limitations, liability rules, reservation of rights to protect an interest in property, rights under a security instrument and other restrictions that might affect use of an account through the Services, are incorporated into this agreement. If an account agreement conflicts with this agreement, the account agreement prevails unless this agreement specifically says otherwise.

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.

it does not change the agreements you already have with us or our affiliates for that account

are incorporated into this Agreement.

the terms of the applicable account agreement will prevail unless this Agreement specifically states otherwise.

Qualifications & exceptions

• The account agreement prevails only in a conflict, and this agreement can override that by specifically stating so.

Not stated here

• The text of the Deposit Agreement and other account agreements is not supplied in this source, so this card cannot say what their fees, limits or liability rules are.

Cross-references

• qualifies (model-proposed): No receiving limits apply to internal transfers, subject to your account agreements; higher send limits can apply — Your account agreements prevail over this agreement in a conflict, so limits in them can apply despite the statement that there are no receiving limits for internal transfers.

Legal Rights & Agreement Rules · Restriction or exception

Moving money between Merrill investment accounts is governed by the Merrill terms, not this agreement

If you use the Services to move money between investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions, which you agreed to as a Merrill online customer, that agreement and not this one applies to the transaction.

Supporting quotations

If you use the Services to move money between your investment accounts governed by the Merrill Lynch Brokerage Website Terms and Conditions

Qualifications & exceptions

• Applies only to money moved between investment accounts governed by the Merrill terms.

Not stated here

• The text of the Merrill Lynch Brokerage Website Terms and Conditions is not supplied in this source.

Legal Rights & Agreement Rules · Company commitment

You certify you are authorized to use any external account you add; your agreements with that institution stay unchanged

You certify that any account you add to Transfers is one from which you are authorized to make payments, and that any payment you make using Transfers will debit an account you are legally authorized to use. Adding an account at another institution does not change your agreements with that institution; the agreement tells you to review them for fees, limits on the number of transactions and other restrictions.

Supporting quotations

You certify that any account you add to Transfers is an account from which you are authorized to make payments

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.

Qualifications & exceptions

• The certification is made by you for each external account you add.

Not stated here

• The other institution's agreements are not supplied, so their fees and limits are unknown.

Legal Rights & Agreement Rules · Restriction or exception

Zelle transfers follow the rules of the funds transfer system used, such as Nacha or real time payment services

Transfers are governed by the rules of whatever funds transfer system carries them, as amended from time to time, including Nacha or real time payment services (RTP).

Supporting quotations

Transfers will be governed by the rules of any funds transfer system through which the transfers are made

Not stated here

• The rules of Nacha or any real time payment service are not supplied in this source.

Legal Rights & Agreement Rules · Restriction or exception

By enrolling in Zelle you represent your authority over the account and agree not to use it for listed payments

When you enroll, you agree to the agreement's terms and represent that you have authority to authorize debits and credits to the enrolled bank account. You agree not to use the Service to send money to anyone you owe tax payments, court-ordered payments (including alimony or child support), fines, gambling debts or payments otherwise prohibited by law, and not to use it to request money from anyone for such payments.

Supporting quotations

When you enroll to use the Service, you agree to the terms and conditions of this Agreement.

You represent that you have the authority to authorize debits and credits to the enrolled bank account.

You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, gambling debts or payments otherwise prohibited by law

Qualifications & exceptions

• The prohibited uses are listed categories plus payments otherwise prohibited by law.

Legal Rights & Agreement Rules · Restriction or exception

Except as the agreement provides otherwise, neither the bank nor Zelle is liable for Zelle transfers or your typos

Except as otherwise provided in the agreement, neither Bank of America nor Zelle is liable to you for transfers of money 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 when using the Service. The agreement points to Section 8 for your liability for unauthorized transactions. The disclaimer is therefore not absolute: Section 8 (Error Resolution Procedures for Consumer Accounts) separately says that if the bank does not complete a transaction to or from your account on time or in the correct amount under its agreement with you, it is liable for your losses or damages, with listed exceptions, and that you have no liability for unauthorized transactions if you notify it within 60 days after the statement showing the transaction is sent (90 days for certain Bill Pay transfers).

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

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.

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.

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been sent to you

the unauthorized transaction provisions of this Section 8.B apply only to accounts maintained with Bank of America.

Qualifications & exceptions

• Disclaimer is expressly subject to other provisions of the agreement, including Section 8.
• Section 8 is headed Error Resolution Procedures for Consumer Accounts, and its unauthorized-transaction rules (8.B) apply only to accounts maintained with Bank of America, except certain Bill Pay transfers funded from an external account.

Not stated here

• Whether a particular Zelle problem falls under the disclaimer or under Section 8 depends on facts the source does not decide; Section 8's own scope is explained in the cards for that section.

Cross-references

• has exception (model-proposed): The bank is liable if it fails to complete a transaction on time or in the right amount, with exceptions — Section 8.C makes the bank liable for losses when it does not complete a transaction on time or in the correct amount, while the Zelle liability section says neither the bank nor Zelle is liable for transfers 'except as otherwise provided in this Agreement'.

Legal Rights & Agreement Rules · Restriction or exception

You, not the bank or Zelle, resolve payment disputes with other Users, except as Section 8 provides

In capital letters, the agreement says that, except as provided in Section 8, you are responsible for resolving any payment or other dispute you have with any other User you send money to, receive money from or request money from through the Service; neither Bank of America nor Zelle takes that on.

Supporting quotations

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

Qualifications & exceptions

• Carved out by Section 8, whose error-resolution procedures are described in that section's own cards.

Legal Rights & Agreement Rules · Company practice

You may not use money requests for debt collection, and you indemnify the bank and Zelle for related claims

By accepting the agreement you agree you are not engaging in the business of debt collection by using the Service to request money for an overdue or delinquent debt, 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 for money you send that relates to overdue or delinquent amounts.

Supporting quotations

you agree that you are not engaging in the business of debt collection by attempting to use the Service 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

resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

Qualifications & exceptions

• The indemnity is tied to money requests relating to overdue or delinquent amounts.
• The listed damages include consequential and exemplary damages and reasonable attorney's fees.

Legal Rights & Agreement Rules · Context

Liability for unauthorized RTP transfers is addressed by Section 8

The RTP section does not set its own rule for unauthorized transfers; it says to see Section 8 for information on your liability for unauthorized transactions. Section 8 (Error Resolution Procedures for Consumer Accounts) says you have no liability for unauthorized transactions if you notify the bank within 60 days after the statement showing the transaction is sent to you (90 days for certain Bill Pay transfers).

Supporting quotations

For information regarding your liability for unauthorized transactions, see Section 8 of this Agreement.

8. Error Resolution Procedures for Consumer Accounts

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been sent to you

Qualifications & exceptions

• Section 8 is headed for consumer accounts; its detailed scope is described in the Section 8 cards.

Legal Rights & Agreement Rules · Restriction or exception

Wires and ACH transfers are governed by the rules of the system used; Remittance Transfers follow EFTA and New York law

The bank gives notice that Same-Business-Day domestic wires and international outbound wires may be executed through Fedwire, CHIPS or SWIFT. Payment orders through Fedwire are governed by Federal Reserve Regulation J and operating rules, through CHIPS by the CHIPS Operating Rules, and through SWIFT by the SWIFT operating rules. For Remittance Transfers, the Electronic Funds Transfer Act prevails over those rules if they are inconsistent, and the rights and obligations that apply to Remittance Transfers are set out in the EFTA and, as applicable, New York law, notwithstanding anything to the contrary in the agreement. ACH transfers may go through the clearing house processor the bank selects or directly to another bank, and are subject to the National Automated Clearing House Association rules or the bank's agreement with the other bank.

Supporting quotations

Bank of America hereby gives notice that Same-Business-Day domestic wire transfers and international outbound wire transfers may be executed through Fedwire, a funds transfer system operated by the Federal Reserve Banks, through CHIPS (Clearing House Interbank Payments System), a funds transfer system operated by The Clearing House or 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.

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

Qualifications & exceptions

• The EFTA-prevails sentence is limited to Remittance Transfers and to inconsistencies with the named system rules.

Not stated here

• The text of Regulation J, the CHIPS and SWIFT rules, Nacha rules, the EFTA and New York law is not supplied in this source.

Legal Rights & Agreement Rules · Restriction or exception

These liability terms cover same-day domestic wires and business-account transfers; consumer ACH uses Section 8

The liability terms in this part apply to Same-Business Day Domestic Wire transfers and to all ACH and wire transfers from a business account. The agreement says liability for ACH transfers to or from a Bank of America consumer account is described in Section 8, and liability for Remittance Transfers is described in Section 6.F. Section 8 (Error Resolution Procedures for Consumer Accounts) says you have no liability for unauthorized transactions reported within 60 days after the statement showing them is sent.

Supporting quotations

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.

8. Error Resolution Procedures for Consumer Accounts

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been sent to you

Qualifications & exceptions

• Consumer ACH liability and Remittance Transfer liability are governed by other sections.

Not stated here

• The source does not say which liability terms apply to a consumer's wire transfer other than a Same-Business Day Domestic wire or a Remittance Transfer.

Legal Rights & Agreement Rules · Restriction or exception

The bank excludes special, indirect and consequential damages and your attorney's fees for ACH and wire services

Unless otherwise required by law, Bank of America is not liable to you for special, indirect or consequential damages, including loss or damage from subsequent wrongful dishonor resulting from its acts or omissions, or lost profits, even if advised in advance of the possibility. It is not liable for your attorney's fees except as required by law. The agreement's general Limitation of Liability section separately excludes a broader range of damages for the Services.

Supporting quotations

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

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR VENDORS

Qualifications & exceptions

• Exclusions apply unless otherwise required by law.

Not stated here

• How the general Limitation of Liability section and this paragraph interact where both apply is not stated here.

Legal Rights & Agreement Rules · Restriction or exception

The bank is liable for ACH and wire services only for negligence and is not responsible for third parties

You expressly agree that Bank of America is liable to you only for its negligent performance or non-performance of the ACH and Wire Transfer services, and that its responsibility is limited to reasonable and ordinary care. Unless the law requires otherwise, it is not liable for any error, delay or other act or omission of any third party, including third parties it uses to execute a payment order or perform a related act, and no such third party is deemed 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

Bank of America shall not be liable for any error or delay on the part of any third party

no such third party shall be deemed to be our agent.

Qualifications & exceptions

• The third-party exclusion applies unless the law requires otherwise.

Legal Rights & Agreement Rules · Restriction or exception

Alerts may be delayed or fail and the bank does not guarantee delivery, accuracy or liability for actions you take

The bank tries to deliver alerts in a timely manner with accurate information, but alerts may be delayed or prevented by factors beyond its control, such as system failures or misdirected delivery. It does not guarantee delivery or accuracy. You agree it is not liable for delays, failure to deliver, misdirected delivery, errors in content, or actions taken or not taken by you or a third party as the result of an alert.

Supporting quotations

alerts may be delayed or prevented by a variety of factors beyond our control

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.

Legal Rights & Agreement Rules · Restriction or exception

Alerts may arrive at any time, including 9 p.m. to 8 a.m., and the bank disclaims liability for timing

By using the Services you acknowledge that communications, alerts or notifications may be sent and received electronically by email, text or push at any time of day, including outside business hours and between 9 p.m. and 8 a.m. local time. You agree the bank is not liable for damages or other liability related to the time of day they are sent or received.

Supporting quotations

Services-related communications, alerts, or notifications may be sent by us and received by you electronically

between the hours of 9 p.m. and 8 a.m. local time.

You agree that the Bank will not be liable for any damages or other liability related to the time of day any electronic communications, alerts, or notifications are sent or received.

Legal Rights & Agreement Rules · Restriction or exception

Account Alerts are a courtesy for information only and are not a debt collection attempt

By requesting Account Alerts you understand that the request does not create a right to receive them, that they are sent periodically as a courtesy and at the bank's discretion, and that you are not entitled or obligated to receive them. Alerts sent in response to your request are for informational purposes only and are not meant to be, 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 for a discharged debt, or an attempt to modify any bankruptcy plan or discharge order.

Supporting quotations

such request does not create a right to receive Account Alerts from Bank of America

Account Alerts will be sent to you periodically as a courtesy

are not intended and should not be construed as a demand for payment, an attempt to collect a debt

Qualifications & exceptions

• Concerns Account Alerts sent in response to your request.

Legal Rights & Agreement Rules · User right or choice

No liability for unauthorized transactions reported within 60 days; later losses may not be recovered

You have no liability for unauthorized transactions if you notify the bank within 60 days after the statement showing the transaction was sent to you, or 90 days if it was a Bill Pay transaction funded from an account at another financial institution for payment to an external third-party Payee. If you do not, you may not get back money lost from any unauthorized transaction that occurs after the close of that period, if the bank can show it could have stopped the transaction had you notified it in time. If qualifying extenuating circumstances, such as a long trip or hospital stay, kept you from telling the bank, it may extend the time periods.

Supporting quotations

You will have no liability for unauthorized transactions if you notify us within 60 days after the statement showing the transaction has been sent to you

you may not get back any of the money you lost from any unauthorized transaction that occurs after the close of the 60-day period

if we can show that we could have stopped the transaction if you had notified us in time.

If qualifying extenuating circumstances (such as a long trip or hospital stay) kept you from telling us, we may extend the time periods.

Qualifications & exceptions

• The protection depends on notifying within 60 days (90 for certain Bill Pay transfers) after the statement.
• Loss after the period can be recovered only if the bank cannot show it could have stopped the transaction.
• Extension for extenuating circumstances is at the bank's option (may).

Not stated here

• The source does not say how the bank shows that it could have stopped a transaction.

Cross-references

• narrowed by (model-proposed): Zelle does not guarantee who users are; a payment induced by misrepresentation is not 'unauthorized' — The Zelle section says a payment induced by misrepresentation of goods, services or the recipient's identity is not an 'unauthorized' transaction under Section 8.B, which narrows who can rely on the no-liability rule.
• contrast (model-proposed): You accept the security procedures as commercially reasonable and are bound by instructions under them — Section 6.A says you are bound by instructions the bank implements under its security procedures, whether authorized or unauthorized, unless you gave prior notice; Section 8.B says you have no liability for unauthorized transactions reported within 60 days of the statement. The two pull in different directions and the source does not reconcile them.
• narrowed by (model-proposed): If you let someone use your credentials you are responsible for what they do until you tell the bank — If you permit another person to use your credentials you remain responsible for what that person does until you notify the bank, which narrows the no-liability rule for unauthorized transactions.
• contrast (model-proposed): Small businesses are responsible for all transactions by users, and the bank is not liable before it is told of misuse — For small business accounts you are responsible for all transactions by you and designated users, and the bank is not liable before it is told of misuse; for consumer accounts Section 8.B gives no liability for unauthorized transactions reported within 60 days.

Legal Rights & Agreement Rules · Context

A transaction is unauthorized if someone without actual authority initiates it and you receive no benefit

For this section, a transaction is unauthorized if it is initiated from your account by someone other than you who does not have actual authority to initiate it and from which you receive no benefit. Transactions resulting from listed situations, including your account being accessed without your permission, or your debit card, username or password being lost, stolen, compromised or used without your permission, are considered unauthorized. Further listed situations continue in the next provisions.

Supporting quotations

A transaction is unauthorized for purposes of this Section, if it is initiated from your account by someone other than you, who does not have actual authority to initiate that transaction and from which you receive no benefit.

Your account has been accessed without your permission;

Your debit card, username, or password has been lost, stolen, compromised, or used without your permission;

Qualifications & exceptions

• Definition applies for purposes of Section 8.

Legal Rights & Agreement Rules · Restriction or exception

The unauthorized-transaction rules come from Regulation E and do not apply to business accounts

The agreement notes that these liability rules are established by Regulation E, which implements the federal Electronic Fund Transfer Act and does not apply to business accounts. Terms not defined in the agreement but defined in Regulation E carry the Regulation E meaning. The bank's own liability policy for consumer deposit accounts may give more protection if you report unauthorized transactions promptly, and the state law that applies to your account may give more time to report or more protection than Regulation E. The unauthorized transaction provisions of Section 8.B apply only to accounts maintained with Bank of America, except Bill Pay transfers funded from an External Account for payment to an external third-party Payee.

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.

the unauthorized transaction provisions of this Section 8.B apply only to accounts maintained with Bank of America.

Qualifications & exceptions

• Regulation E does not apply to business accounts, so these protections are stated for consumer accounts.
• Section 8.B covers only accounts maintained with Bank of America, with an exception for certain Bill Pay transfers.

Not stated here

• The text of Regulation E, the bank's liability policy and the applicable state law are not supplied, so this card cannot say what additional protection they provide.

Legal Rights & Agreement Rules · Company commitment

The bank is liable if it fails to complete a transaction on time or in the right amount, with exceptions

If Bank of America does not complete a transaction to or from your account on time, or in the correct amount, according to its agreement with you, it will be liable for your losses or damages. The agreement lists exceptions, introduced by 'for instance': it is not liable where, through no fault of its own, you do not have enough available funds or credit (including Balance Connect overdraft protection); the Services were not working properly and you knew of the malfunction when you started; circumstances beyond its control such as fire or flood prevented the transaction despite reasonable precautions; or there are postal delays or processing delays by the Payee. A final item says other exceptions not specifically mentioned apply.

Supporting quotations

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:

Through no fault of ours, you don't have enough available funds in your account (or available funds under your Balance Connect® overdraft protection service), or credit to cover the transaction or transfer

The Services weren't working properly, and you knew about the malfunction when you started the transaction or transfer

Circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions

There are postal delays or processing delays by the Payee

Other exceptions not specifically mentioned apply.

Qualifications & exceptions

• The listed exceptions are examples ('for instance'), and the last item adds unspecified exceptions.

Not stated here

• The source does not say what the unspecified other exceptions are.

Cross-references

• exception to (model-proposed): Except as the agreement provides otherwise, neither the bank nor Zelle is liable for Zelle transfers or your typos — Section 8.C makes the bank liable for losses when it does not complete a transaction on time or in the correct amount, while the Zelle liability section says neither the bank nor Zelle is liable for transfers 'except as otherwise provided in this Agreement'.
• contrast (model-proposed): The bank and vendors disclaim liability for all damages from the Services, and your only remedy is to stop using them — The general Limitation of Liability section excludes all damages arising from the Services 'except as otherwise provided herein', while Section 8.C makes the bank liable for losses from failing to complete a transaction on time or in the correct amount. The source does not say how far each reaches in a given case.

Legal Rights & Agreement Rules · Context

Liability for consumer ACH transfers is in Section 8; wires and international transfers are in Section 6

For liability on Same-Business Day Outbound wire transfers and international transfers, the agreement points to Section 6. For Three-Business Day ACH and Next Business Day ACH transfers to or from a Bank of America consumer account, liability is as described in Section 8.

Supporting quotations

For the provisions governing our liability for Same-Business Day Outbound wire transfers and international transfers please see Section 6.

Our liability for Three-Business Day ACH transfers and Next Business Day ACH transfers involving a transfer to or from a Bank of America consumer account is as described in Section 8.

Qualifications & exceptions

• The ACH pointer applies to transfers to or from a Bank of America consumer account.

Legal Rights & Agreement Rules · Restriction or exception

Small business accounts exclude special, indirect and consequential damages, lost profits and attorney's fees

Unless the law requires otherwise, the bank is not liable to you for special, indirect or consequential damages, including without limitation lost profits or attorney's fees, even if advised in advance of the possibility. For the bank's liability for ACH or wire transfers, the agreement refers to Section 6.E.

Supporting quotations

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

For the provisions governing our liability for ACH or Wire Transfers, please see Section 6.E above.

Qualifications & exceptions

• Exclusion applies unless otherwise required by law.

Legal Rights & Agreement Rules · Restriction or exception

The Services are provided as is with no warranties, and the bank does not promise they are uninterrupted or secure

In capital letters, the agreement says that, except as otherwise provided and subject to applicable law, neither Bank of America nor its vendors make any express or implied warranties, representations or endorsements about the Services, and they disclaim all warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. They do not 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 means any third-party service provider, network or partner financial institution the bank may engage to perform functions for it under the agreement. The bank and its vendors also do not warrant that the web site or its server is free of viruses or other harmful components, and you assume the entire cost of servicing, repair or correction of problems caused by them.

Supporting quotations

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, NEITHER WE NOR OUR VENDORS

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.

FOR PURPOSES OF THIS AGREEMENT, “VENDOR(S)” MEANS ANY THIRD-PARTY SERVICE PROVIDER, NETWORK OR PARTNER FINANCIAL INSTITUTION WE MAY ENGAGE TO PERFORM FUNCTIONS FOR US UNDER THIS AGREEMENT.

WARRANT THAT THE WEB SITE, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS.

Qualifications & exceptions

• Subject to other provisions of the agreement and applicable law ('except as otherwise provided herein').

Legal Rights & Agreement Rules · Restriction or exception

The bank and vendors disclaim liability for all damages from the Services, and your only remedy is to stop using them

In capital letters, the agreement says that, except as otherwise provided and subject to applicable law, in no event will the bank or its vendors be liable for any damages whatsoever, including direct, incidental, consequential, special, exemplary or other indirect damages, arising out of any transaction conducted 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 advised of the possibility. If you are dissatisfied with the Services or the agreement's terms, your sole and exclusive remedy is to discontinue using the Services. The 'except as otherwise provided' qualifier matters: other sections give specific liability, for example Section 8 says the bank is liable for losses if it fails to complete a transaction on time or in the correct amount, with exceptions.

Supporting quotations

EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR VENDORS

BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (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, OR (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 YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

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

• Qualified by 'except as otherwise provided herein' and 'subject to applicable law'.
• Covers the bank and its vendors, including their owners, directors, officers or agents.

Not stated here

• The source does not state how this broad exclusion and the specific liability provisions elsewhere are to be reconciled beyond the 'except as otherwise provided' wording.

Cross-references

• contrast (model-proposed): The bank is liable if it fails to complete a transaction on time or in the right amount, with exceptions — The general Limitation of Liability section excludes all damages arising from the Services 'except as otherwise provided herein', while Section 8.C makes the bank liable for losses from failing to complete a transaction on time or in the correct amount. The source does not say how far each reaches in a given case.

Legal Rights & Agreement Rules · Restriction or exception

The bank is not liable for failures caused by events beyond its reasonable control, including pandemics and outages

In capital letters, the agreement says the bank is not liable to you or any third party for failure to execute a transfer or perform a related act if the failure is due to causes or conditions beyond its reasonable control, listing strikes, riots, insurrection, war, military or national emergencies, acts of God, natural disasters, fire, outages of computers or associated equipment, quarantines, pandemics, and failure of transportation or communication methods or power supplies. The 'including without limitation' wording means the list is not exhaustive.

Supporting quotations

FURTHER, 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

OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS.

Qualifications & exceptions

• Applies to failure to execute a transfer or perform a related act caused by events beyond the bank's reasonable control.

Legal Rights & Agreement Rules · Restriction or exception

Where a state bars the damages exclusion, liability is limited as far as law allows and capped at $100

In capital letters, the agreement says that in states where the exclusion or limitation of liability for consequential or incidental damages may not apply, the liability of the bank or its vendors in those states is limited and warranties are excluded to the greatest extent permitted by law, but in no event will it exceed one hundred dollars ($100.00).

Supporting quotations

IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY

BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

Qualifications & exceptions

• Applies only in states where the exclusion of consequential or incidental damages may not apply.

Not stated here

• The source does not say which states this covers or how the $100 cap interacts with the specific liability provisions elsewhere in the agreement.

Legal Rights & Agreement Rules · Restriction or exception

You agree to indemnify and defend the bank and its vendors against claims arising from your use, misuse or breach

You acknowledge you are personally responsible for your conduct while using the Services. Except as otherwise provided in the agreement, 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 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, any violation of the agreement's terms, or breach of any representation or warranty in it.

Supporting quotations

you are personally responsible for your conduct while using the Services

you agree to indemnify, defend and hold harmless us, our Vendors, including our or their owners, directors, officers, agents

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

• Stated to apply except as otherwise provided in the agreement.
• Covers inability to use the Services as well as misuse.

Legal Rights & Agreement Rules · Restriction or exception

The warranty disclaimer, limitation of liability and indemnification sections survive termination

The provisions of Sections 10.A, 10.B and 10.C, covering the disclaimer of warranties, limitation of liability and indemnification, survive termination of the agreement.

Supporting quotations

The provisions of Sections 10.A, B and C shall survive termination of this Agreement.

Legal Rights & Agreement Rules · Permission or license

The bank can change the agreement at any time; continued use after posting means you accept the change

The bank may add, delete or change the terms of the agreement at any time. It will inform you of changes when legally required and will try to tell you the nature of material changes even when not required. It may communicate changes by mail, email or a notice on its website and will make the updated terms available on its website. By continuing to use the Services after the date changes are posted, you agree the changes are effective for transactions made after that date, whether or not you visit the website or receive actual notice. If you do not agree with a change, you may discontinue using the Services.

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.

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

• Notice is guaranteed only where legally required; otherwise the bank 'will try'.
• Changes apply to transactions made after the posting date.

Legal Rights & Agreement Rules · Restriction or exception

Questions or disputes about Erica follow your other agreements, but the Erica terms control over a conflict

You may direct questions or disputes about Erica, or transactions or information through Erica, in accordance with the Online Banking Services Agreement or other applicable agreements with the bank or its affiliates, such as a deposit or credit account agreement. If there is an irreconcilable conflict between the Erica terms and any other agreement you have with Bank of America, the Erica terms control solely 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

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

• The Erica terms control only for Erica and only in an irreconcilable conflict.

Not stated here

• The other agreements are not supplied, so which conflicts may arise is not known.

Legal Rights & Agreement Rules · Restriction or exception

Either party can require binding arbitration of disputes, and each side waives the right to go to court

The arbitration agreement requires that all disputes between you and Bank of America be resolved by binding arbitration whenever either party chooses to submit a dispute to arbitration or refers a lawsuit filed by the other to arbitration. Each party waives the right to have any dispute heard in court when either chooses arbitration, subject to the limits in the Scope of Arbitration paragraph. It is entered into under the Federal Arbitration Act, 9 U.S.C. sections 1 to 16, for both substance and procedure, and the parties say its goal is effective, efficient and less costly resolution and that it is to be read to achieve that goal.

Supporting quotations

12. Disputes and Arbitration

This arbitration agreement requires that 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

This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16

Qualifications & exceptions

• Either party may start arbitration or refer a lawsuit to it.
• The waiver of court is subject to the limits in the Scope of Arbitration paragraph, including small claims court.

Not stated here

• The text of the Federal Arbitration Act is not supplied in this source.

Cross-references

• qualified by (model-proposed): Arbitration covers claims about this agreement and the online services, with small claims court as the exception — The scope paragraph names the covered claims and carves out small claims court, qualifying the general requirement to arbitrate all disputes.
• has exception (model-proposed): Consumers (not small businesses) can opt out of arbitration within 60 days of first delivery, online or by phone — A consumer who opts out within 60 days is not bound by the agreement to arbitrate.

Legal Rights & Agreement Rules · User right or choice

Consumers can opt out of arbitration; otherwise both sides give up court, class proceedings and a jury

In capital letters, the agreement says consumers have a right to opt out of the agreement to arbitrate. Unless you are a consumer and opt out in the manner described, you and the bank waive the right to have the dispute heard by a judge or decided by a court, waive any ability to assert or take part in a class, representative or consolidated proceeding in court or arbitration, and waive a jury. All disputes, except as stated, must be resolved by binding arbitration when either you or the bank requests it. How to opt out is described in the next provisions of the same section.

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

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

• The opt-out right is stated for consumers; a later paragraph says small business customers are not covered.

Legal Rights & Agreement Rules · Restriction or exception

Arbitration covers claims about this agreement and the online services, with small claims court as the exception

Claims or disputed factual or legal issues that arise out of or relate in any way to the agreement and any Services, including online or mobile banking, Zelle, Real Time Payments, Bill Payment, ACH, wire and internal transfers, E-Bills, alerts, Deals and Erica, accessed through any device, must be decided by arbitration unless the law prohibits it. Claims about advertising of the products under the agreement, or about applying for, or the denial, approval or establishment of, your Online/Mobile ID account, are included. Claims in contract, tort, statute or otherwise are covered, regardless of theory or relief sought, whether past, present or future. Discovery is presumptively limited to documents directly relevant to the Claim unless the arbitrator finds good cause. The only exception is that either side may pursue a Claim in small claims court if it is within that court's jurisdiction and proceeds individually; Claims in other courts may be compelled into arbitration by either party. If your Claim concerns services under your account agreement rather than the online or mobile Services, refer to the arbitration terms in your account agreement, where other terms and exceptions may apply.

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

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.

whether they arose in the past, may currently exist, or may arise in the future.

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

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

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

Qualifications & exceptions

• Arbitration applies unless prohibited by law.
• Small claims court is available only if the Claim is within its jurisdiction and proceeds on an individual basis.
• Claims about services under your account agreement may be governed by the arbitration terms in that agreement.

Not stated here

• The account agreements' arbitration terms are not supplied in this source.

Cross-references

• qualifies (model-proposed): Either party can require binding arbitration of disputes, and each side waives the right to go to court — The scope paragraph names the covered claims and carves out small claims court, qualifying the general requirement to arbitrate all disputes.

Legal Rights & Agreement Rules · Restriction or exception

You give up court and class actions: claims proceed individually and the arbitrator cannot hear class or joined claims

By accepting the arbitration agreement you give up your right to go to court except for small claims matters or as otherwise provided. Arbitration proceeds on an individual basis, so class actions, consolidated actions and similar proceedings are not available. You may not join your Claims with other persons on other accounts; each person arbitrates separately. Unless you are a consumer who opts out, you and the bank waive the right to assert or take part in a class action, or any representative or consolidated proceeding in court or arbitration, and waive a jury, as permitted by law. The arbitrator has no authority to hear a Claim as a class action or on a representative basis, or to consolidate Claims by separate claimants except those on the same account, or to make an award for or against anyone other than the named individual. If the prohibition on class, representative or consolidated procedures is held legally unenforceable for a Claim, that Claim is handled in court rather than arbitration, subject to the jury waiver.

Supporting quotations

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.

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; each person must arbitrate his or her own claims separately and individually.

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

The arbitrator shall have no authority to entertain any Claim as a class action or on any other similar representative basis

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

Qualifications & exceptions

• Consumers who validly opt out are not bound by the class and jury waiver of this arbitration agreement.
• Claimants on the same account may be consolidated.
• If the class waiver is held unenforceable for a Claim, that Claim goes to court rather than arbitration, with the jury waiver preserved.

Legal Rights & Agreement Rules · Context

Individual claims filed as part of a mass arbitration are also subject to the Mass Arbitration section

For individual Claims filed as part of a 'mass arbitration', as the agreement defines it, the additional requirements in the Mass Arbitration section apply.

Supporting quotations

For individual Claims filed as part of a

Qualifications & exceptions

• Applies to Claims filed as part of a mass arbitration.

Legal Rights & Agreement Rules · User right or choice

Consumers (not small businesses) can opt out of arbitration within 60 days of first delivery, online or by phone

If you are a consumer and not a small business, you may opt out of the arbitration provision, online at a Bank of America web address or by calling 800.283.8875, within sixty days of first delivery of the arbitration provision. Any other method of opting out is invalid or ineffective. An opt-out does not apply to litigation or arbitration already pending when you opt out. The agreement to arbitrate applies without limitation whether or not your account is closed, sold or assigned, you pay any debt in full, or you file for bankruptcy. Opting out affects only the arbitration agreement, not the other provisions, and applies only to this arbitration agreement and not to 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.

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.

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.

Opting out of this Agreement to arbitrate will not affect or opt out of the other provisions of this agreement.

Qualifications & exceptions

• Only consumers can opt out; small business customers are excluded.
• The 60 days run from first delivery of the arbitration provision.
• Only the website and the stated phone number are valid methods.

Not stated here

• The source does not say when the 60 days began for you, since that depends on when the provision was first delivered to you.

Cross-references

• exception to (model-proposed): Either party can require binding arbitration of disputes, and each side waives the right to go to court — A consumer who opts out within 60 days is not bound by the agreement to arbitrate.

Legal Rights & Agreement Rules · Procedure

Arbitrations are administered by the American Arbitration Association under its rules, which yield to this agreement

Arbitrations are administered by the American Arbitration Association (AAA), applying its Consumer Arbitration Rules or Commercial Arbitration Rules as applicable, in effect when the arbitration begins, and the Mass Arbitration Supplementary Rules for mass arbitration matters. A single arbitrator conducts proceedings under the Consumer Rules, and a Process Arbitrator and a single Merits Arbitrator conduct each mass arbitration case. If the AAA rules conflict with the arbitration agreement, the agreement controls. If the AAA cannot handle the Claim, a neutral arbitrator chosen by agreement (or by a court under the FAA) arbitrates under AAA procedure. The arbitrator may award any damages or relief the law and the agreement allow. Pleadings, information, documents and the ruling are confidential with no precedential value, though documents needed to confirm the decision in court need not be filed under seal.

Supporting quotations

Arbitrations between us shall be administered by the American Arbitration Association

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

All pleadings, information and documents exchanged, and the arbitrator

the Parties agree that the documents necessary for such confirmation need not be filed under seal.

Qualifications & exceptions

• The AAA rules in effect when the arbitration begins apply, but this arbitration agreement controls in a conflict.

Not stated here

• The AAA Consumer, Commercial and Mass Arbitration Supplementary Rules are not supplied in this source.

Legal Rights & Agreement Rules · Company practice

The arbitrator can decide legal issues early, applies the law and equity, and can award relief and sanctions

Either party may move for the arbitrator to decide dispositive issues of law before a full hearing, consistent with Federal Rules of Civil Procedure 12 and 56; the arbitrator decides the Claim under applicable substantive law and recognized principles of equity, determines whether the claimant completed the steps needed to start the suit, applies the applicable statutes of limitations, and honors legal privilege. The arbitrator may award any damages or relief permitted by law and the agreement, and has the same power as a federal court to sanction represented parties or counsel for violating Federal Rule of Civil Procedure 11(b) or 28 U.S.C. section 1927.

Supporting quotations

any arbitrator shall have the power to decide dispositive issues of law prior to a full merits hearing

will decide the Claim in accordance with all applicable substantive law and recognized principles of equity.

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 has the same power as a federal court to impose sanctions against any represented party or counsel

Not stated here

• The text of the cited federal rules and statute is not supplied in this source.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator decides arbitrability, but a court decides whether an arbitration agreement exists

All issues are for the arbitrator, including the scope of its own jurisdiction and the arbitrability of individual claims, except that whether the parties entered into an agreement to arbitrate is for a court to decide. For disputes about the existence of the agreement, or Claims the arbitrator finds not arbitrable, the parties consent to jurisdiction and venue in an appropriate court in the state where the deposit account is located.

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.

the parties consent to jurisdiction and venue in an appropriate court in the state where the deposit account is located.

Qualifications & exceptions

• Venue is the state where the deposit account is located.

Legal Rights & Agreement Rules · Procedure

Your arbitration demand must include detailed account, transaction and damages information and your signature

On starting an AAA case you agree to 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 type) and/or event (date, location and people involved), the basis of your Claim, an itemized calculation of all alleged damages, and, if represented, a signed statement authorizing the bank to share account and Claim information with counsel. You must personally sign the demand, and so must your counsel, and by submitting it you represent that you comply with Federal Rule of Civil Procedure 11(b). Failure to provide the information may result in dismissal, though you can refile once you provide it.

Supporting quotations

you will provide your name, full account number, mailing address, telephone number, email address, a factual description of every disputed transaction

an itemized calculation of all alleged damages, and, if represented by counsel, a signed statement authorizing us to share information regarding your account and the Claim with them.

You must personally sign the demand for arbitration

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.
• Dismissal for missing information is stated as a possibility, with a right to refile.

Legal Rights & Agreement Rules · Restriction or exception

A mass arbitration is 25 or more similar claims with common representation, and extra procedures apply

The Mass Arbitration Procedures apply to your Claim if it is filed as part of a mass arbitration, defined as twenty-five or more arbitration claims involving the same or similar subject matter or issues of law or fact where representation of all claimants is the same or coordinated across the cases. The procedures are described as designed to streamline and make resolution cost-effective, to avoid large filings imposing unnecessary burdens, and to preserve the integrity of arbitration. You agree to them even though they may delay arbitration of your individual Claim. If you are unsatisfied with the speed you may withdraw your demand and proceed in small claims court if the Claim is in that court's jurisdiction and proceeds individually.

Supporting quotations

which means 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.

You agree to these procedures even though they may delay the arbitration of your individual Claim.

you are free to withdraw your arbitration demand and proceed in small claims court if the Claim is in that court

Qualifications & exceptions

• Applies only where 25 or more similar claims have the same or coordinated representation.
• Small claims court is available only if the Claim is within its jurisdiction and proceeds on an individual basis.

Legal Rights & Agreement Rules · Procedure

A Process Arbitrator is appointed first and can dismiss claims that miss filing requirements or fail threshold checks

Before a merits arbitrator is assigned, a Process Arbitrator is appointed, selected under the AAA Mass Arbitration Supplementary Rules or, if none applies, by each side getting a list from the AAA, meeting and conferring and, failing agreement, submitting preferences to the AAA. The Process Arbitrator ensures the Mass Arbitration Procedures and AAA rules are followed and can resolve disputes about dismissal, for example for failing the filing requirements, and the claim is dismissed without prejudice to refiling once deficiencies are fixed. The Process Arbitrator can also decide threshold eligibility issues, such as whether you had an account, experienced the transaction, fee or event, or have a clear legal or factual deficiency, and dismiss the Claim. It decides whether a dispute about these requirements is within its jurisdiction and can impose sanctions available under Federal Rule of Civil Procedure 11, 28 U.S.C. section 1927 or state law.

Supporting quotations

before an arbitrator is assigned to determine the merit of your Claim, a

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.

the Process Arbitrator shall be empowered to resolve any dispute regarding whether your Claim should be dismissed

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.

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 be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11

Qualifications & exceptions

• Dismissal for non-compliance is without prejudice to refiling once deficiencies are remedied.

Not stated here

• The Mass Arbitration Filing Requirements referred to are not set out in this section beyond the demand requirements elsewhere.

Legal Rights & Agreement Rules · Procedure

In a mass arbitration, each side picks 15 cases to go first, with a 90-day hearing target and repeating rounds

After any Process Arbitrator disputes are resolved, counsel for the claimants and for the bank each select fifteen cases to go first in individual arbitrations on the merits, with no Merits Arbitrator assigned more than five cases unless the parties agree. Each side has the right to have fifteen cases of its choosing proceed to final hearing within ninety days of selection, unless the parties agree otherwise, before the process moves forward. After the first thirty cases are resolved counsel meet and confer on efficiency, settlement or mediation and the number of cases per stage. If the rest are not resolved, each side selects another fifteen, again heard within ninety days. After that second set, on either party's motion the Process Arbitrator may expedite by assigning Merits Arbitrators to all remaining cases at once; without a motion the process continues in sets of thirty. You and the bank agree to engage in good faith, including paying the parties' respective case fee if your case is selected, and the Process Arbitrator resolves disputes about the procedures.

Supporting quotations

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)

on either Party

which includes an agreement to pay the Parties

Any dispute regarding any aspect of the specific Mass Arbitration Procedures outlined in this section shall be resolved by the Process Arbitrator.

Qualifications & exceptions

• Applies only to cases within a mass arbitration.
• Time periods and the five-case limit apply unless the parties agree otherwise.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration terms survive changes, closure and bankruptcy; class arbitration can never be ordered

The arbitration provisions survive changes to the agreement and termination of the account or relationship, including bankruptcy of any party and any sale or assignment of your account or amounts owed on it. If any part of the agreement is deemed invalid or unenforceable, the other terms remain in force, except that there can be no arbitration of a class or representative Claim. The arbitration provision may not be amended, severed or waived except as the agreement provides or in a written agreement between you and the bank.

Supporting quotations

These arbitration provisions shall survive changes in this Agreement and termination of the account or the relationship between you and us

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

• The only stated exception to severability is that there can be no arbitration of a class or representative Claim.

Legal Rights & Agreement Rules · Restriction or exception

The arbitration ruling is final and binding, with no appeal except as the FAA provides

The arbitration ruling is final and binding and enforceable by any court having jurisdiction. No party may seek an appeal of the ruling, except as provided under the Federal Arbitration Act.

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.

Not stated here

• The text of the Federal Arbitration Act is not supplied in this source.

Legal Rights & Agreement Rules · Context

The agreement ends with a link to the Business Services Addendum, whose text is not in this source

The saved agreement ends with a link labelled Business Services Addendum. Earlier the agreement says small business customers are subject to additional or different terms in that addendum, which it calls a part of the agreement.

Supporting quotations

Business Services Addendum

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

• Relevant to small business customers.

Not stated here

• The text of the Business Services Addendum is not supplied in this source, so this card cannot say what additional or different terms it contains.

Legal Rights & Agreement Rules · Restriction or exception

A page notice says other websites reached from the page are not owned or operated by the bank

A notice that appears on the page says that when you continue to another website the bank does not own or operate, that site's owner is solely responsible for its content, offerings and level of security, so you should refer to that site's posted privacy policy and terms of use.

Supporting quotations

Important Notice

continuing to another website that Bank of America doesn't own or operate.

Its owner is solely responsible for the website

Qualifications & exceptions

• Applies to websites the bank does not own or operate.

Not stated here

• The source does not say whether this page notice is part of the agreement.

Legal Rights & Agreement Rules · Context

The page footer identifies Bank of America, N.A. as a Member FDIC and Equal Housing Lender

The page footer identifies Bank of America, N.A. as Member FDIC and an Equal Housing Lender, with a 2026 copyright notice for Bank of America Corporation.

Supporting quotations

Bank of America, N.A. Member FDIC.