Please read this Stoovo Emergency Jar Deposit Account Agreement (the “Agreement”) carefully and retain it for your future reference. This Agreement contains the general terms, conditions and disclosures related to the Stoovo Emergency Cash and the Stoovo 1099 Tax demand deposit accounts (collectively, “Emergency Jar Accounts” or the “Accounts”) offered by Blue Ridge Bank, N.A., a national bank (the “Bank”), that together constitute the Stoovo “Emergency Jar” program (the “Program”) made available to eligible consumers by Stoovo Inc. (“Program Manager”), the program manager responsible for managing the Program on behalf of the Bank.
When you see the words “we,” “us,” or “our” in this Agreement, it refers to the Bank, the Program Manager acting as agent for the Bank, and any of the Bank’s affiliates, successors, assignees, agents or service providers. When you see the words “you” or “your,” it refers to you, the owner of the Accounts, as well as your personal representatives, executors, administrators, and successors.
By opening or continuing to hold an account with us, you agree to be bound by this Agreement as well as any other agreement or document we may provide to you from time to time in connection with the Accounts.
IMPORTANT NOTE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS AND YOUR RIGHT TO A JURY. THE TERMS OF ARBITRATION AND THE WAIVER APPEAR IN SECTION 7 OF THIS AGREEMENT.
You may contact us with any questions or concerns regarding your Emergency Jar Accounts. All communication between you and us will be handled by the Program Manager. The best way to contact us is through email at firstname.lastname@example.org. You may also contact us via live agent support within the Stoovo mobile application.
The Program consist of two, separate demand deposit accounts: an “Emergency Cash” account and a “1099 Tax” account. These Emergency Jar Accounts are used to hold your deposits and make certain types of payments and transfers. The Emergency Jar Accounts are available to customers with a Stoovo Cash Account who are United States citizens or lawful permanent residents of the fifty (50) United States, the District of Columbia, American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Palau and US Virgin Islands who are at least 18 years of age (or older if you reside in a state where the majority age is older), have a U.S. physical address or with military addresses (APO or FPO), and have a valid Social Security Number or Tax Identification Number. The Accounts are only available to individuals for personal, family or household purposes and may not be opened by a business in any form or used for business purposes.
By applying to participate in the Program and open the Emergency Jar Accounts, you acknowledge that you are requesting to open both the Emergency Cash account and the 1099 Tax account. You are not permitted to open one without the other. We may decline to open the Emergency Jar Accounts for any reason at the sole discretion of the Bank or Program Manager. We are not liable for any damages or liabilities resulting from refusal of an Emergency Jar Accounts relationship.
When you open the Emergency Jar Accounts, you will also be enrolled in the Stoovo mobile application and/or an online banking service (collectively, “Online Banking Services”) offered by the Program Manager that you can use to access your Accounts, view information about your Accounts and conduct certain transactions. You may also be given access to various features through the Online Banking Services separate from your Emergency Jar Accounts.
To open the Emergency Jar Accounts, you must agree to go “paperless.” This means that you must (1) provide us with and continue to maintain a valid email address and (2) accept electronic delivery of all communications that we need or decide to send you in connection with your Account by agreeing to our Electronic Disclosure and Consent and link.
The Emergency Jar Accounts may only be owned in the name of one person who may make deposits and transfer or withdraw funds. The Emergency Jar Accounts cannot be owned or titled as joint accounts, trust accounts, Uniform Transfers to Minors (UTMA) accounts, or Payable-On-Death (POD) accounts.
You may be given the ability to designate additional individuals (“Authorized Users”) who you authorize to access your Emergency Jar Accounts and/or conduct transactions through your Emergency Jar Accounts. By establishing an Authorized User, you understand that any transaction authorization, instruction or any other action concerning your Emergency Jar Accounts that your Authorized User engages in shall be deemed authorized by you and valid and we are under no obligation to investigate the authorization, instruction or activity. You also agree that you will not hold us liable for acting upon any such authorization, instruction or activity. We will continue to treat all actions taken by your Authorized User as authorized by you until you revoke the Authorized User’s access to your Emergency Jar Accounts by notifying us by email at email@example.com. We also reserve the right to terminate your Authorized User’s access to the Emergency Jar Accounts for any reason.
To open Emergency Jar Accounts through the Stoovo app, you would follow the steps below:
Important information about procedures for opening new Accounts: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information identifying each person who opens Emergency Jar Accounts, including any Authorized Users who may access Emergency Jar Accounts. This means that when you open Emergency Jar Accounts, we will ask for your name, street address, Social Security Number or Tax Identification Number, date of birth and other information that will allow us to identify you. We may also ask to see identifying documents, such as a driver’s license.
There is no minimum deposit required to open the Emergency Jar Accounts and no minimum balance you need to maintain in your Emergency Jar Accounts. However, the combined balances of your Emergency Jar Accounts (i.e., the balance in your Emergency Cash account plus the balance in your 1099 Tax account) cannot exceed $5,000.
We may allow you to give another person (known as an “attorney-in-fact”) power of attorney to act on your behalf for your Emergency Jar Accounts. You must obtain written approval from us before we will honor any power of attorney. Email us at firstname.lastname@example.org for approval if you plan to create a power of attorney. Please be aware that it may take up to two weeks for us to review your request. If approved, we will honor orders and instructions from your attorney-in-fact until (1) we receive a written revocation from you; (2) we are notified that you or your attorney-in-fact have died or become incapacitated; or (3) we terminate our acceptance of the power of attorney. We may also terminate our acceptance at any time, for any reason and without notice to you, and you agree not to hold us liable for any damages that may result from such action. We have no obligation to monitor the actions of your attorney-in-fact to ensure that your attorney-in-fact acts for your benefit. We are also not responsible for ensuring that your power of attorney or any revocation of your power of attorney is legally valid or properly executed. You also agree to hold us harmless for any actions we take based on the instructions of your attorney-in-fact, including if it is later determined that your power of attorney was invalid or improperly executed.
You agree that if we receive notification or if we have reason to believe that you have died or become legally incapacitated, we may place a hold on your Emergency Jar Accounts and refuse all transactions until we know and have verified the identify of your successor. Until we receive notice and any required proof of death or incapacitation, we may continue to accept deposits and process transactions to your Emergency Jar Accounts. Your estate will be responsible for repaying us for any tax liability resulting from payment of your accounts balance to your estate. You agree to hold us harmless for any actions we take based on our belief that you have died or become incapacitated. If certain payments originating from government entities are deposited into your Emergency Jar Accounts after your death, we may be required to return those payments to the originator upon notice.
By opening Emergency Jar Accounts, we are establishing an account relationship with you and committing to act in good faith and to the exercise of ordinary care in our dealings with you as defined by the Uniform Commercial Code as adopted by the Commonwealth of Virginia. This Agreement and the Account relationship do not create a fiduciary relationship or any other special relationship between you and us. You and the Bank are solely in a creditor-debtor relationship and you and the Program Manager are solely in an agency relationship.
Your privacy is very important to us. Under this Agreement, we will generally only disclose information to third parties about your Emergency Jar Accounts or the transactions you make:
By providing us with your telephone number for a cellular phone or other wireless device, you are expressly consenting to receiving non-marketing communications at that number—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an auto-dialer—from us and our affiliates and agents. This consent applies to all telephone numbers you provide to us now or in the future. Your telephone or mobile service provider may charge you for these calls or messages. You also agree that we may record or monitor any communications for quality control and training purposes.
Our business days are Monday through Friday, excluding federal holidays.
We strive to keep your Emergency Jar Accounts secure and provide you with tools and services to help you manage your Emergency Jar Accounts. However, there are certain things you should do to protect your Emergency Jar Accounts and your funds.
You must notify us immediately if there is a change to your name, telephone number, mailing address, email address or any other information you have provided us so that we can continue to provide you with statements and important notices concerning your Emergency Jar Accounts.
It is very important that you keep track of your transactions and the funds in your Emergency Jar Accounts that are available for you to use (“Available Balance”) by reviewing your transaction history. It is also important to understand that your Available Balance may not reflect transactions you have authorized that have not yet been presented to us for payment.
You are also responsible for reviewing your Emergency Jar Accounts statements as they are made available to you for errors or unauthorized activity. If you identify an error or unauthorized activity, you must notify us promptly to avoid losing your money. Please refer to Sections 4.6 and 4.7 for information concerning errors and unauthorized activity.
It is very important that you protect your Emergency Jar Accounts information to prevent unauthorized transactions and fraud. Keep your account numbers and statements secure at all times, and be careful about who you share this information with. If the Program Manager provides you with access to Online Banking Services, make sure to also keep your computer or mobile device secure at all times and avoid accessing the Online Banking Services when others can see your screen.
If your account number, mobile device or Online Banking Services login credentials are lost or stolen, notify us immediately to limit your liability for unauthorized transactions that may occur. Please refer to Section 4.6 for information and applicable deadlines for notifying us of losses or theft.
You understand that any payment instruction or activity performed using any Online Banking Services provided to you by the Program Manager shall be deemed authorized by you and valid and we are under no obligation to investigate the instruction or activity.
You may make deposits into your Emergency Jar Accounts using any of the methods described below. We do not charge you any fees for making deposits. All deposits or transfers into your Emergency Jar Accounts must be initiated through the Online Banking Services.
|Deposit Method||Limitations for Your Account|
|Internal transfers to your Emergency Jar Accounts from your Stoovo Cash Account*||N/A|
|ACH transfers to your Emergency Jar Accounts from a linked bank account with another institution**||$1,000 daily|
|* Instant transfers from your Stoovo Cash Account include Stoovo “Top Up” transfers. See Section 3.5.2 below for further details on Stoovo “Top Up.”|
** You may transfer funds between your Account and another bank account. The linked bank account must be located in the United States.
We do not accept deposits by mail, or cash, paper check or foreign currency deposits: We are not liable for deposits of any kind that you mail to us, including if it is lost in transit, lost in the mail, or otherwise not received by us.
We will send all items back to the address we have for you on file and we are not liable for any deposits, including cash or paper checks that may become lost in the mail, lost in transit, not received by us or not received by you if returned by us.
You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject to any lien, claim or encumbrance.
For more information about deposits and when funds from a deposit will be made available to you, please refer to Section 3.2.
It is our policy to make deposits made to your Emergency Jar Accounts each business day available for withdrawal according to the table below. The end of the business day is referred to as the "deposit cut-off time". If you make a deposit before our cut-off time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cut-off time or on a day we are not open, we will consider the deposit to be made on the next business day that we are open.
|If you make a deposit via…||The cut-off time is…||And those funds are available…|
|Instant transfers from your Stoovo Cash Account||N/A||Immediately|
The availability of funds transferred to your Emergency Jar Accounts from a linked bank account held by another financial institution follows different rules. Please refer to Section 3.6 for more information.
If a deposit or transfer to your Emergency Jar Accounts is returned or rejected by the paying financial institution for any reason, or if there is an error or mistake involving a deposit or transfer, we may deduct the amount of the deposit, transfer, or error without prior notice to you. If there are insufficient funds in your Emergency Jar Accounts at the time, your Emergency Jar Accounts may become overdrawn. Please refer to Section 3.10 concerning overdrafts for more information.
You may withdraw funds up to the amount of your Available Balance in your Emergency Jar Accounts using any of the following methods described below. All withdrawals or transfers from your Emergency Jar Accounts must be initiated through the Online Banking Services.
|Withdrawal Method||Limitations for Your Account|
|Internal transfer to your Stoovo Cash Account||N/A|
|ACH transfers from your Emergency Cash account or 1099 Tax account to a linked bank account at another institution*||$1,000 daily|
|* You may transfer funds between your Account and another bank account at a U.S. financial institution that is linked to your Account and has been authenticated by you and verified by us. The linked bank account must be located in the United States.|
You cannot withdraw funds by check, and we do not permit you to create checks drawn on your Emergency Jar Accounts.
Before permitting a withdrawal or other transaction, we may request that you provide us with additional information or documentation that we deem necessary to confirm your identity or to prevent illegal activity. We may refuse the transaction if you do not comply with our request.
You may transfer funds between your Emergency Jar Accounts and your Stoovo Cash Account (an “internal transfer”). There are no limits on the number of internal transfers you may make and internal transfers are immediately available.
You will be given the option to establish ongoing internal transfers from your Stoovo Cash Account to your Emergency Jar Accounts (“Top Up Feature”) through the Online Banking Services to help you set money aside for unexpected expenses or income taxes you may owe. Once you activate the Top Up Feature, we will automatically transfer a percentage of each deposit made to your Stoovo Cash Account to one or both of your Emergency Jar Accounts. Each transfer will occur on the business day the funds become available in connection with a deposit made to your Stoovo Cash Account.
Once activated, you may stop or modify the Top Up Feature at any time through the Online Banking Services. However, you must stop or modify the Top Up Feature at least one business day before the next internal transfer occurs for any changes you make to affect that transfer. Once an internal transfer is in process, it cannot be stopped or changed. We will not be liable to you for any losses or damages resulting from an internal transfer that cannot be stopped or changed.
You may link another bank account you have with another U.S. financial institution (“linked bank account”) to your Emergency Jar Accounts with us in order to make inbound and outbound ACH transfers between the linked bank account and your Account through the Online Banking Services. An “inbound transfer” moves funds into your Account from a linked bank account. An “outbound transfer” moves funds from your Account to a linked bank account.
You agree that you will have sufficient available funds in your Account to cover any transfers to your linked bank account that you set up. If you do not, we may not initiate the transfer. If we do initiate the transfer, and there are not sufficient available funds in your Account, it will cause an overdraft in your Account. If this happens, you are responsible for the overdraft amount.
When you initiate an inbound transfer from your linked bank account, you authorize us to withdraw the funds from your linked bank account. You agree that you will have sufficient funds in your linked bank account to cover all transfers to your Account that you set up. For inbound transfers, we will debit your linked bank account and credit your Emergency Cash account or 1099 Tax account on the next business day after you initiate the transfer. The funds you transfer to your Account will be made available to you on the fifth (5th) business day after the funds have been credited to your Account.
For outbound transfers, we will debit your Emergency Cash account or 1099 Tax account and credit your linked bank account on the next business day after you initiate the transfer. All outbound transfers must be for $10 or more. The financial institution that holds your linked bank account determines when those funds will be made available to you in your linked bank account.
The cut-off time for both inbound and outbound transfers is 3:00 PM ET. Transfer requests that you make on a business day before the cut-off time will be considered initiated on that day. Transfer requests that you make after the cut-off time, or on a day that is not a business day, will be considered initiated the following business day.
You agree that you will only attempt to link a bank account maintained with a U.S. financial institution for which you have the authority to transfer funds. You also agree to indemnify and hold us harmless from any claims by any person related to the linked bank account, including any other owner of the linked bank account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account.
You agree not to violate the laws of the U.S., including without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your Account or any Account-related service to process Internet gambling transactions or conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.
To understand how we post transactions to your Emergency Jar Accounts, it is important to first understand the difference between your Available Balance and your ledger balance. Your Available Balance is the amount of money you have in your Account at any given time that is available for you to use. Your ledger balance is the balance in your Account at the beginning of the day after we have posted all transactions to your Account from the day before. We use your Available Balance to authorize your transactions throughout the day and determine whether you have sufficient funds to pay your transactions. Here are some additional terms that are helpful to understand:
We receive transactions throughout the day and post them to your Accounts as they are received and in the order that they are received.
We may change the order in which we post transactions to your Accounts at our discretion and without notice to you. It is therefore important for you to keep track of the deposits you make and the transactions you authorize to make sure there are sufficient funds in your Accounts to cover all transactions and any applicable fees.
To determine your Available Balance, we start with your ledger balance at the beginning of the business day, add any pending credits or deposits that we make available to you, and subtract any pending debits. All transactions are debited or credited from your Available Balance in the order received.
You can check your available balance at any time through the Online Banking Services. Keep in mind that your Available Balance may not reflect every transaction you have initiated or previously authorized. For example, your Available Balance may not include transactions you have authorized that we have not received.
Statements will periodically be provided to you by email and through the Online Banking Services as long as your Emergency Jar Accounts are not inactive. You will receive a statement monthly as long as you have transactions on your Emergency Jar Accounts during the statement period. If there were no transactions on your Emergency Jar Accounts, we will provide you statements at least quarterly. You will not receive paper statements.
We do not permit you to overdraw your Emergency Jar Accounts. If the Available Balance in either of your Emergency Jar Accounts is not sufficient to cover any transaction you have authorized, we may return the transaction or refuse to process the transaction. However, there may be instances where your Emergency Jar Accounts can still go into the negative, such as if a deposit you make is returned. You must make a deposit immediately to cover any negative balance. If either of your Emergency Jar Accounts has a negative balance for thirty (30) calendar days or more, we may close both of your Emergency Jar Accounts.
You can close your Emergency Jar Accounts at any time and for any reason by email at email@example.com. Your Emergency Jar Accounts must be closed simultaneously. We reserve the right to refuse your request if you have a negative balance on either of your Emergency Jar Accounts. We recommend that you transfer or withdraw any funds you may have in the Emergency Jar Accounts prior to submitting a request to close the Emergency Jar Accounts to avoid delays in receiving your funds.
We may also suspend or close your account at our discretion with or without notice. This includes if we believe you are using your Emergency Jar Accounts for fraudulent or illegal purposes or in violation of law or regulation, this Agreement, any other agreement you may have with the Bank, Program Manager and/or Unit, or if you otherwise present undue risk to the Bank, Program Manager and/or Unit, or if we receive a court order or other legal request to suspend or close your Account. We may also close your Emergency Jar Accounts if your Stoovo Cash Account is closed. We are not responsible to you for any damages you may suffer as a result of the closure or suspension of your Emergency Jar Accounts.
If your Emergency Jar Accounts are closed, we will return any funds you may have in the Emergency Jar Accounts to you either by internal transfer to your Stoovo Cash Account, an ACH transfer to another bank account, or by paper check. The closure of your Emergency Jar Accounts or termination of this Agreement does not impact any right or obligation that arose prior to closure or termination, or any right or obligation that, by its nature, should survive termination (including, but not limited to, any indemnification obligation by you, our limitations of liability, and any terms governing arbitration).
State law and our policy govern when your Emergency Jar Accounts are considered dormant. Your Emergency Jar Accounts are usually considered dormant if you have not accessed your Emergency Jar Accounts, communicated to us about your Emergency Jar Accounts or otherwise shown an interest in your Emergency Jar Accounts within the period of time specified under applicable law. Each state has varying laws as to when an account becomes dormant, and we may be required to send the balance in your Emergency Jar Accounts if it becomes dormant to the state of your last known address. We will make reasonable efforts to contact you if required by applicable law before transferring the remaining balance of your Emergency Jar Accounts to the applicable state. After we surrender the funds to the state, you must apply to the appropriate state agency to reclaim your funds. You can avoid the surrender of your funds by simply conducting transactions, contacting us about your Emergency Jar Accounts or replying to any abandoned property notices we may provide to you.
We may also place your Emergency Jar Accounts in an inactive status if you have not had any transaction for at least six (6) months. If your Account becomes inactive, you may not receive statements or be able to conduct certain transactions. Inactive Accounts must be reactivated. Contact us by email at firstname.lastname@example.org to reactivate your Account.
You agree to pay all fees and charges applicable to your Emergency Jar Accounts. All fee amounts will be withdrawn from your Emergency Jar Accounts and will be assessed regardless of whether you have sufficient funds in your Account, except where prohibited by law. Fees are subject to change at any time. We will provide you advance notice of any changes where required by law.
|Fee Description||Fee Amount and Frequency||Additional Details|
|ACH transaction fee||N/A|
|Foreign transaction fee||N/A|
Your Account allows you to withdraw funds up to the Available Balance or make deposits through Electronic Fund Transfers (“EFTs”). EFTs are transactions that are processed by electronic means and include, among others, ACH transfers, debit or ATM card transactions and direct deposits. This Section provides you with information and important disclosures and terms about the EFTs that are permitted on your Emergency Jar Accounts. You may also receive additional services through Online Banking Services provided by the Program Manager, that allow you to initiate EFTs to and from your Emergency Jar Accounts that are not described in this Agreement. You will be provided separate agreements and disclosures applicable to those services by the Program Manager.
Your Account allows the following types of EFTs:
For limitations on transactions that credit or deposit your Emergency Jar Accounts, please refer to Section 3.1 concerning deposits. For limitations on transactions that debit or withdraw from your Emergency Jar Accounts , please refer to Section 3.4 concerning withdrawals. For limitations that apply to transfers between your Emergency Jar Accounts and a linked bank account, please refer to Section 3.6. In addition to any limitations described in those sections, your transactions are also subject to certain security-related limits. These security limits may change from time to time.
If you have been issued a debit card or ATM card for your Account, there may also be transaction limitations that apply to your use of the card. Please refer to the applicable cardholder agreement provided to you with your card for information on any limitations and other terms.
You will receive information and documentation concerning any EFTs that debit or credit your Emergency Jar Accounts in the following ways:
If you authorize us or another company or person to electronically withdraw from your Emergency Jar Accounts on a regular basis (such as ongoing ACH transfers from your Emergency Jar Accounts to a linked account), it is called a Preauthorized Transfer. You have the right to place a stop payment on Preauthorized Transfers, as well as get notification when the amount of a particular withdrawal will be different from the amount of the last withdrawal. It is important to note that internal transfers between your Stoovo Cash Account and Emergency Jar Accounts made through the Top Up Feature are not Preauthorized Transfers and follow different rules. Please refer to Section 3.5.2 for more information on the Top Up Feature.
If you authorize a company or person to take payments from your Emergency Jar Accounts Account on a regular basis through a Preauthorized Transfer, you can stop any of these payments by contacting us by email at email@example.com at least three (3) business days before the next payment is scheduled to be made.
Make sure to provide us with (1) your name, (2) your Account number, (3) the company or person taking the payments, and (4) the date and amount of the scheduled payment you wish to stop. If you want all future payments from that company or person stopped, be sure to tell us that as well. If you do not provide us with the correct information, such as the correct payee or the correct amount of the payment you wish to stop, we may not be able to stop the payment.
If you order us to stop one of these payments three (3) business days or more before the payment is scheduled and provide us with all information requested, and we do not do so, we will be liable for your losses or damages proximately caused by the failure. However, we will not be liable if the company or person initiating the payments changes the dollar amount of the payment or makes other changes that cause us not to recognize it as the payment you requested be stopped.
If these regular payments vary in amount, the person or company you are paying will tell you ten (10) days before each payment when it will be made and how much it will be. You may be given the option to only get this notice when the payment will differ by more than a certain amount from the previous payment, or when the amount will fall outside certain limits that you set.
If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages approximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance:
Contact us immediately if you believe that an unauthorized EFT has occurred or may occur concerning your Account, or if your Online Banking Services login credentials have been lost, stolen or compromised. Calling us at 1-669-777-8900 is the best way of keeping your losses to a minimum.
You could lose all the money in your Emergency Jar Accounts (and any bank accounts with other institutions you have linked to your Emergency Jar Accounts) if you take no action to notify us of the unauthorized EFT or the loss or theft of your Online Banking Services login credentials.
For unauthorized EFTs, your liability will be as follows if you notify us of the loss:
We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.
Contact us at 1-669-777-8900 or email at firstname.lastname@example.org as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on a statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. You must provide us with the following information:
We will determine whether an error occurred within ten (10) business days after we hear from you and will tell you the results and correct any error promptly. If we need more time, we may take up to forty-five (45) days—or ninety (90) days for Accounts open less than thirty (30) days or foreign-initiated transactions — to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For Accounts open less than thirty (30) days, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation by email. You may ask for copies of the documents that we used in our investigation.
If you are eligible, the Emergency Cash Advance service allows you to receive free advances of funds (each, an “Advance”) to help you cover upcoming expenses or avoid having insufficient funds in your accounts. There are no costs for access to the Emergency Cash Advance Service and any Advance you choose to receive is free.
You may request an Advance at any time through the Online Banking Services. Once you accept an Advance, the funds will be deposited into your Emergency Cash account. You may only receive one Advance at a time. We will not provide you with any further Advances if you have not fully repaid a prior Advance.
To be eligible for Advances:
We determine the amount of any Advance that you are eligible for based on, among other things, your anticipated earnings through the “gig economy” platform and information about your bank accounts with us. The maximum Advance amount is generally $100. We reserve the right to adjust Advance amounts and our eligibility criteria at any time.
If at any time you disable the Top Up Feature on your Emergency Cash account or close any of your accounts with us, you will no longer be eligible for Advances.
Each Advance is repayable in one installment. At the time you request an Advance, you will be required to authorize us to electronically debit your Emergency Cash account on the earlier of (i) sixty (60) days from the day you receive the Advance or (ii) the first business day you have sufficient funds in your Emergency Cash account to repay the Advance in full.
We may also provide you with the option to repay the Advance at any time through the Online Banking Services using a debit card or by authorizing an ACH transfer from a linked account.
If any payment you have authorized is returned by your bank or we are otherwise unable to process a payment, we will attempt to debit whichever account you have authorized us to debit up to two (2) additional times. We are not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in the bank account you authorized us to debit. We make no warranties that an overdraft will not occur.
Notwithstanding the above, we warrant that we have no legal or contractual claim or remedy against you based on a failure to repay an Advance. We further warrant that, with respect to any Advance we provide to you, (i) we will not engage in any debt collection activities if you do not repay the Advance; (ii) we will not place the amount of the Advance as a debt with, or sell it to, a third party; and (iii) we will not report the Advance to any consumer reporting agency. However, we will not provide you any further Advances while any amount remains unpaid.
Your Emergency Jar Accounts and your obligations under this Agreement are not transferable and not assignable as collateral for a loan or for any other purpose. We may transfer our rights under this Agreement.
For regulatory reporting and accounting purposes, each of your Emergency Jar Accounts may consist of two sub-accounts: a transaction sub-account to which all financial transactions are posted; and a savings sub-account into which available balances above a pre-set level are transferred daily. Funds will be transferred to your transaction sub-account to meet your transactional needs.
Both sub-accounts are non-interest bearing.
Transfers can occur on any Business Day. Transfers to the savings sub-account will be made whenever available balances in the transaction sub-account exceed a preset level. Transfers from the savings sub-account to the transaction sub-account will be made whenever the transaction sub-account balances fall below a predetermined level. Because banking regulations limit the number of transfers between these types of sub-accounts, all balances in the savings sub-account will be transferred to the transaction sub-account with the sixth transfer in any statement period.
Both sub-accounts are treated as a single Account for purposes of your deposits and withdrawals, access and information, tax reporting, fees, etc. and do not affect your use of the Account.
If we receive a levy, attachment, or other legal process against you (collectively, “Legal Process”), we may refuse to permit withdrawals or transfers from your Emergency Jar Accounts until the Legal Process is dismissed or satisfied. Any Legal Process will be subject to our right of set-off and security interest. You are responsible for any losses, costs or expenses we incur as a result of any dispute or legal proceeding involving your Account. If we receive a claim against the funds in your Emergency Jar Accounts , or if we know of or believe that there is a dispute as to the ownership or control of funds in your Emergency Jar Accounts , we may, in our discretion: (1) place a hold on your Emergency Jar Accounts and refuse to pay out any funds until we are satisfied that the dispute is settled; (2) close your Emergency Jar Accounts and send the balance to the named account holder; (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.
EXCEPT AS REQUIRED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THIS AGREEMENT IF SUCH FAILURE OR DELAY IS CAUSED BY MAINTENANCE OR INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, UNUSUAL TRANSACTION VOLUME, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF BLUE RIDGE BANK NA. EXCEPT AS REQUIRED BY LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE OR UNIT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT AS REQUIRED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE SHALL ONLY BE RESPONSIBLE AND LIABLE FOR OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT. WE SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY ACT OR OMISSION OF YOURS OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES USED BY US IN EXECUTING ANY TRANSACTION CONTEMPLATED BY THIS AGREEMENT OR PERFORMING A RELATED ACT AND NO SUCH THIRD PARTY SHALL BE DEEMED TO BE OUR AGENT.
IN ADDITION, EXCEPT AS REQUIRED BY LAW, BLUE RIDGE BANK, N.A. ARE NOT LIABLE OR RESPONSIBLE FOR ANY SERVICES OR FEATURES OF ANY ONLINE BANKING SERVICES PROVIDED TO YOU BY STOOVO. WE ARE ALSO NOT LIABLE FOR ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION OR DATA BY A THIRD PARTY DUE TO YOUR USE OF THIRD-PARTY COMMUNICATION CHANNELS NOT OFFERED BY US.
ALL BANK SERVICES AND ACCOUNT FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE BANK’S SERVICES OR ACCOUNT FEATURES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
You agree to indemnify and hold us and our officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Equally, you agree to indemnify and hold Unit and its officers, directors, shareholders, employees, successors, predecessors, representatives, principals, agents, assigns, parents, subsidiaries and/or insurers harmless for any losses, damages, suits and expenses, including reasonable attorneys’ fees, that we may incur, without regard to the merit or lack thereof, arising out of, or related in any way to (1) the matters set forth herein; (2) our taking any action or not taking any action that we are entitled to take pursuant to this Agreement; (3) any action or omission by you; or (4) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
We have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. This means that we can take any funds in your Emergency Jar Accounts or any other account you have with us to pay any debt or liability you owe us. You also agree to grant us a security interest in your Emergency Jar Accounts to secure payment of any money that you owe to us or will owe us arising under this Agreement or any other agreements with us. You acknowledge that this security interest is consensual and in addition to any right of set-off. We may exercise our security interest or right of set-off without regard to the source of the funds in your Emergency Jar Accounts or prior recourse to other sources of repayment or collateral, even if it causes you to incur penalties or suffer any other consequence. You waive any conditions or limits to our right of set-off to the maximum extent permitted by law. We will notify you if we exercise our right to set-off if required by law.
If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Emergency Jar Accounts for our losses without prior notice to you.
We may change this Agreement, or any fees and features of your Emergency Jar Accounts , at any time by posting an amended Agreement on Stoovo’s website, stoovo.com, and any such amendment shall be effective upon posting. We will give you advance notice of any change where required by law. We may provide such notice to you with your statement, electronically, or by mail. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service. We may change or terminate this Agreement without notice at our discretion or to comply with any appropriate federal or state law or regulation.
If we make any of our other banking services available to you in connection with your Account, we may provide certain terms and conditions for those additional services to you in a separate agreement or disclosure.
We may waive or decline to enforce any of our rights under this Agreement without obligating ourselves to waive such rights in the future or on any other occasion. We may release any other person obligated under this Agreement without affecting your responsibilities under this Agreement.
If there is a conflict between this Agreement and any other document or statement made to you concerning the Emergency Jar Accounts, this Agreement will govern. If there is a conflict between this Agreement and any other document or statement made to you concerning any services or products other than the Emergency Jar Accounts, the separate terms and conditions applicable to that service or product will govern. Section headings that appear in this Agreement are for convenience purposes only and are intended to help you find information. They should not be construed as affecting the meaning of the Agreement.
In the event that any court or tribunal of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remainder of this Agreement shall not be affected. To the extent permitted by law, the parties waive any provision of law which prohibits or renders unenforceable any provisions of this Agreement, and to the extent that such waiver is not permitted by law, you and us agree that such provision will be interpreted as modified to the minimum extent necessary to render the provisions enforceable.
All actions relating to your Emergency Jar Accounts and this Agreement will be governed by the laws and regulations of the United States and the Commonwealth of Virginia where your Emergency Jar Accounts will be opened, irrespective of conflict of law principles. You agree that any dispute arising under this Agreement or relating in any way to your relationship with us that is not arbitrated will be resolved in a federal or state court located in Virginia and that you will be subject to such court’s jurisdiction.
Except where prohibited by law, you agree that you must file any lawsuit or arbitration against us within two (2) years after the claim arises unless federal or Virginia law, or another agreement you have with us, provides for a shorter time. If federal or Virginia law requires a longer time period than the time periods in this Agreement, you agree to the shortest time period permitted under the law.
BE SURE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
You, Stoovo and the Bank agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this Section 7 (the “Arbitration Provision”). As used in this Arbitration Provision, “Claim” shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, including the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the “FAA”). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
If a Claim arises, our goal is to address your concerns and, if we are unable to do so, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you will first submit your Claim to us by email at email@example.com and provide us with the opportunity to resolve your concern prior to initiating arbitration.
The party initiating arbitration shall do so with the American Arbitration Association (the “AAA”) or Judicial Alternatives and Mediation Services (“JAMS”). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act (“FAA”), and may be entered as a judgment in any court of competent jurisdiction.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 7.7, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 7.7 shall be determined exclusively by a court and not by the administrator or any arbitrator.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than Section 7.7 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision’s limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in Section 7.7 are finally adjudicated pursuant to the last sentence of Section 7.7 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and the Bank agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Virginia. Both you and the Bank consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
The Emergency Jar Accounts are not interest-bearing accounts. No interest will be paid.
Minimum balance to open account – There is no minimum deposit required to open the Emergency Jar Accounts.
Monthly maintenance fees – No monthly maintenance service charge as long as the Accounts remain open.
Minimum balance requirement – No minimum balance needed to maintain your Emergency Jar Accounts.
Transaction limitations – No limitations on the number or dollar amount of withdrawals. The combined balances of your Emergency Jar Accounts (i.e., the balance in your Emergency Cash account plus the balance in your 1099 Tax account) cannot exceed $5,000.
Statement charge – Electronic statements are available at no charge.
Fees – Please refer to “Account Fees & Fee Schedule” in Section 3.13 for additional information about applicable fees and charges.