Important Account Information

Important Account Information for Our Members

Terms & Conditions | Membership & Account Agreement | USA Patriot Act Notice | Electronic Transfers |  Funds Availability | Truth in Savings

U.S.A. PATRIOT ACT NOTICE

Overdraft Service Disclosure

• The payment of checks, electronic fund transfers, telephone-initiated transactions, preauthorized payments under our Bill Payment Service, debit card transactions, or other withdrawal requests authorized by you.
• The return (unpaid) of items deposited by you.
• The assessment of service charges by us.
• The deposit of items that are treated as not yet “available” according to our Funds Availability Policy.

• Call us at 734-676-7000, or
• Visit any branch and speak with a representative; or
• Mail a request to:
  Advantage One Credit Union
  23670 Telegraph Road
  Brownstown, MI 48134

• Your checking account has been opened less than ninety (90) days.
• You do not bring your checking account to a positive balance for at least one full business day within a ten (10) day period.
• Your membership is not in good standing.
• You are more than forty-five (45) days past due or are in default in any other respect on any loan or other obligation to us.
• You have an outstanding balance due on an overdraft repayment plan.
• Your primary savings account does not have a positive balance.
• Your checking account is subject to any legal or administrative orders or levies.
• You have insufficient credit or negative credit history.
• You are a party to a bankruptcy proceeding.
• Any or all of your account(s) with us are being reviewed for improper activity or transactions.
• Your checking account is classified as inactive.
• You use the Service to pay items written to check cashing agencies.
• You have an unresolved prior loss with us.
• We believe you are not managing your checking account in a responsible manner which may harm you or us.

• Calling us at 734-676-7000; or
• Visiting any branch and speaking with a representative; or
• Mailing notice of your decision to opt-in to No Bounce for everyday debit card transactions to
  Advantage One Credit Union
  23670 Telegraph Road
  Brownstown, MI 48134

• For example: Assume you have a $50 Ledger Balance, but you just wrote a check for $40, then your Ledger Balance is $50 but it does not reflect the pending check transaction. Though your Ledger Balance is $50, you have already spent $40.
  

• For example: Assume you have a Ledger Balance of $50. If you were to use your debit card at a restaurant to buy lunch for $20, then that merchant could ask us to pre-authorize the payment in that amount (or even a different amount). If the merchant requests preauthorization in the amount of $20, we will place a “hold” on your account for $20 (referred to as an “authorization hold”). Your Ledger Balance will still be $50 because this transaction has not yet posted, but your Available Balance will be $30 because of the restaurant’s $20 preauthorization request. When the merchant submits its bill for payment (which could be days later and for a different amount than the amount of the authorization hold), we will release the authorization hold, post the transaction to your account, and your Ledger Balance will be reduced by the amount of the posted transaction. 

• Example 1: Purchase transactions where the final amount is initially unknown. The most common examples of a purchase transaction where the final amount is initially unknown are gas station purchases, restaurant charges, hotel and car reservations. In such cases the transaction will be communicated to the Credit Union for authorization in one amount, but when the transaction actually settles your Account, it does so for a greater amount. For example, if you use your debit card to pay at the pump for a gasoline purchase, you typically must utilize your debit card before operating the pump. The Credit Union may receive an authorization request in the amount of $15.00. At the time of the authorization request, the Available Balance in your account is $30.00, so the Credit Union approves the authorization request, and the Available Balance in your account is reduced to $15.00. You proceed with the transaction, and purchase gasoline totaling $40.00. When that transaction actually settles to your Account in the amount of $40.00 as opposed to the $15.00 that was authorized, the Available Balance in your Account is not sufficient to cover the settlement of the preauthorized transaction. Accordingly, the Credit Union’s payment of the preauthorized transaction results in an overdraft, and you will incur a No Bounce Fee (assuming you have opted into the Credit Union’s payment of overdrafts for everyday debit transactions).
  
  
• Example 2: Purchase transactions where intervening items paid between authorization and settlement result in the over-drafting of your Account. Assume the same gas station scenario as described in Example 1, except that you purchase gasoline totaling just $15.00, so the authorized amount of the transaction is the same as the settlement amount of the transaction. However, between the day the transaction was authorized and the day the transaction settles to your account, a check you wrote in the amount of $35.00 is presented for payment. The Available Balance in your account at the time of presentment is $15.00, but the Credit Union pays the item in accordance with our No Bounce service, resulting in an overdraft. When the $15.00 gas station transaction actually settles to your account, the Available Balance in your account is not sufficient to cover the settlement of the preauthorized transaction, even though the settlement amount of the transaction is the same as the preauthorized amount of the transaction. Accordingly, the Credit Union’s payment of the preauthorized transaction results in an additional overdraft, and you will incur a No Bounce Fee (assuming you have opted into the Credit Union’s payment of overdrafts for everyday debit transactions).

• If your Available Balance is sufficient to cover a merchant’s authorization request, the authorization request will be approved, and an authorization hold will be placed on your account in the amount of the merchant’s authorization request. However, if your Available Balance is insufficient to pay the preauthorization amount requested by a merchant, the outcome of the transaction depends on whether you have opted-in to No Bounce for the payment of ATM and everyday debit transactions.
• If your Available Balance is insufficient to pay the preauthorization amount requested by a merchant, and you have not opted-in to No Bounce for the payment of everyday debit transactions, your transaction will be declined.
• If your Available Balance is insufficient to pay the preauthorization amount requested by a merchant, and you have opted-in to No Bounce for the payment of everyday debit transactions, we may choose to approve the authorization request. We will impose a No Bounce Fee on that transaction when it settles to your account only if your Available Balance at settlement is insufficient to cover the settlement of the transaction. If your Available Balance at settlement is sufficient to cover the settlement of the transaction, we will not impose a No Bounce Fee, even though your Available Balance was insufficient at the time the transaction was authorized.
  

• Checks are paid in the order received; if we receive multiple checks at the same time, they are paid based upon the dollar amount in ascending order (lowest to highest).
• ACH items in each presentment file post credits first in the order presented, then debits in the order presented (we typically receive up to four ACH presentment files per day).
• ATM/POS items are paid in the order they are presented.
• Transactions performed in person, such as withdrawals or checks cashed at one of our locations or a shared branch, are generally paid at the time they are performed.
  

Fiduciary Accounts

1. Accounts for Trusts
   1. Generally. Individuals must open a separate membership account for a Revocable Living Trust.
      
      
   2. Products and Services. The following types of financial products and services may be available to trusts:
      1. Share Accounts
      2. Checking Accounts (except where co-fiduciaries exist)
      3. Certificate Accounts
      4. To the extent applicable and not superseded by this section, the terms and conditions governing those types of accounts for individuals, as described elsewhere in this Agreement, govern accounts established for trusts.
         
         
   3. Documentation. In order to open an account for a trust, a trustee must provide such documentation as is required by the Credit Union with regard to the trust, including, but not necessarily limited to, the trust document itself and/or a Certificate of Trust prepared by the attorney who drafted the trust and/or a Certificate of Trust Existence and Authority. The Credit Union reserves the right to refuse membership to a trust when it is not drafted in accordance with and governed by the laws of the State of Michigan or for any other reason in its sole discretion.
      
      
   4. Distribution of Accounts. If an account is opened for a trust, the trust is the party with which the Credit Union is contracting, and the trust agrees that the Credit Union may distribute funds pursuant to the terms of the most recently dated trust agreement or Certificate of Trust on file at the Credit Union, and the trust, forever indemnifies and holds the Credit Union harmless for distributions made pursuant to that trust made in good faith reliance on that trust agreement or Certificate of Trust. The trust further agrees that it is the responsibility of the trust (through its trustee) and the settlor of the trust to notify the Credit Union when a trust for which an account has been opened has been revoked, rescinded, revised, or in any way modified.
      
      
   5. Withdrawals. All sums paid to the Credit Union on deposits (less set-offs allowed by law and/or provided by contract) shall be paid on proper withdrawal demand. Such demand must be made by the trustee(s) as indicated on the Membership Agreement the Credit Union has no obligation to monitor the further distribution of any funds withdrawn from the account, but we reserve the right to deny any withdrawal request. Only methods approved by the Credit Union may be used to make account withdrawals.
      
      
   6. Representations of Trustee(s). Any trustee for a trust who signs a Membership Agreement represents the following: (i) the trust is in full force and effect and it has not been revoked or amended in any manner which would cause the representations made herein to be inaccurate or incorrect; (ii) the named trustee(s) has qualified, is acting as trustee(s), and is authorized to open this account; (iii) the trustee(s) is authorized to hold, manage, deposit, withdraw, invest and reinvest funds deposited, purchase and sell certificates of deposit, and accomplish any or all other banking transactions; (iv) the trust agreement contains a hold harmless provision for any third party dealing with the trust or any trustee and that such provision applies to the Credit Union; (v) trustee(s) will send written notice of any change in trustee(s), of any amendment or modification of the trust which would cause the representations made herein to be or become inaccurate or incorrect, or of the occurrence of any event which would affect the trust’s revocability, the powers of the trustee(s), or any other representations made to the Credit Union; and (vi) any one trustee has the power to authorize withdrawals or transfers from authorized accounts, or authorize new accounts or services. The Credit Union may rely on these representations and any instructions by the trustee(s) and act in accordance therewith in any respect affecting the account before or after termination of the trust, unless and until it receives a written notice of changes to the trust, with notice of changes in trustee(s), or written notice of any events affecting the trustee(s) powers described above or in any documents required by the Credit Union.
      
      
   7. Acknowledgement of Fiduciary Responsibility. Any trustee for a trust who signs a Membership Agreement acknowledges and understands the trustee’s legal obligations as a fiduciary and as more fully set forth in the Michigan Estates and Protected Individuals Code. Such trustee further agrees to conduct all business with the Credit Union on behalf of the trust in accordance with state and federal laws as well as orders from any court of competent jurisdiction.
      
      
   8. Indemnification. Any trustee for a trust who signs a Membership Agreement hereby jointly and severally (if more than one) agrees to hold the Credit Union and each of its officers, directors, employees, agents, and affiliates harmless and indemnify them against any claims, judgments, settlement amounts, or other liabilities or costs of defense or settlement, including attorney’s fees arising out of or related to any alleged or actual improper or unsuitable actions taken at the instruction of trustee(s) in connection with account for the trust or for any distribution of trust assets to any person or entity. This indemnification is made by the trustee(s) both in the capacity as trustee and individually, and shall not be limited by any other independent documentation. If a trustee provides instructions or an order to the Credit Union that the Credit Union reasonably believes might expose it to claims, suits, losses, expenses, liability, or damages, it may refuse to follow the instruction or order.
      
      
2. Account for Other Fiduciary Relationships
   1. Generally. Members who maintain a minimum $5.00 deposit in their Primary Savings Account in the Credit Union can open a separate membership account as a fiduciary for another named person if the person involved qualifies for membership. For example, an account can be opened by a conservator, guardian, personal representative, representative payee, etc. These accounts are referred to collectively as “Fiduciary Accounts” and the individuals for whose benefit they are opened are referred to collectively as “Protected Persons.” The member opening the account will be referred to as the “Fiduciary.” As Fiduciary, you understand and agree that you owe the Protected Person a legal fiduciary responsibility to care for their property, including funds held on deposit in this Account, and you understand and agree that funds in this type of account may not be pledged as security for any purpose.
      
      
   2. Products and Services. The following types of financial products and services may be available to Fiduciary Accounts:
      1. Share Accounts
      2. Checking Accounts (except where co-fiduciaries exist)
      3. Certificates of Deposit
      4. We reserve the right not to allow certain accounts to be opened as Fiduciary Accounts. To the extent applicable and not superseded by this section, the terms and conditions governing those types of accounts for individuals, as described elsewhere in this Agreement, govern Fiduciary Accounts.
         
         
   3. Documentation. In order to open a Fiduciary Account, you agree to provide such documentation as is required by the Credit Union with regard to the fiduciary relationship, including, but not necessarily limited to, Letters of Authority naming you as Conservator, Guardian, Personal Representative, etc. The Credit Union reserves the right to refuse to open a Fiduciary Account when documentation does not derive from the authority of the laws of the State of Michigan or Social Security Rules and Regulations.
      
      
   4. Distribution of Accounts. If you have opened an account for a Protected Person or a Social Security Beneficiary, you, as Fiduciary, understand and agree that the Credit Union may distribute funds pursuant to the terms of the most recently dated Letters of Authority or other documentation on file at the Credit Union, and you, on behalf of the Protected Person, forever indemnify and hold the Credit Union harmless for distributions made in good faith reliance on those Letters of Authority or other documentation. You further agree that it is your responsibility to notify the Credit Union when your authority as a Fiduciary has been revoked, rescinded, revised, or in any way modified.
      
      
   5. Withdrawals. All sums paid to the Credit Union on deposits (less set-offs allowed by law and/or provided by contract) shall be paid on proper withdrawal demand made by the named Fiduciary. The Credit Union has no obligation to monitor the further distribution of any funds withdrawn from the account, unless required to do so by court order. We reserve the right to deny any withdrawal request. The Credit Union shall not be liable for the misappropriation of funds resulting from a withdrawal from a Fiduciary Account.
      
      
3. Agency Designation on an Account. An agency designation on an account is an instruction to us that the owner authorizes another person to make transactions as agent for the account owner regarding the accounts designated. An agent has no ownership interest in the account(s) or Credit Union voting rights. We have no duty to inquire about the use or purpose of any transaction made by the agent. The Credit Union shall not be liable for loss resulting from the misappropriation of funds withdrawn from an account by an authorized agent. The Credit Union reserves the right to refuse any agency designation.

Electronic Funds Transfers and Disclosures

An Electronic Fund Transfer (EFT) is a transfer of funds initiated through an electronic terminal, telephone, computer (including on-line banking) or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer’s account. EFTs include, but are not limited to, POS transfers; ATM transfers; direct deposits or withdrawals of funds; transfers initiated by telephone; and transfers resulting from debit card transactions, whether or not initiated through an electronic terminal.

An access device is a card, code, or other means of access to a consumer’s account or a combination of these used by the consumer to initiate EFTs. Access devices include debit cards, personal identification numbers (PINs), telephone transfer and telephone bill payment codes, and other means to initiate an EFT to or from your account.

• By a person who was furnished the access device by you, unless you have notified us that transfers by that person are no longer authorized;
• With fraudulent intent by you or any person acting in concert with you; or
• By the credit union or its employee
  

• If you notify us within two business days after you learn of the loss or theft of your card, you are liable for no more than $50 if someone used your card without your permission.
• If you fail to notify us within two business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could be liable for as much as $500.

• If you believe your card has been lost or stolen contact us at (734) 676-7000 or 23670 Telegraph Road Brownstown, MI 48134
  Business Days. For the purposes of these disclosures, our business days are Monday through Friday, excluding federal holidays.
  

• Withdraw cash from your checking or savings account.
• Make deposits to your checking or savings account.
• Transfer funds between your checking and savings accounts.
• Pay for purchases at places that have agreed to accept the card.
• Pay bills directly by telephone from your checking or savings account.

• There may be a charge for out-of-network withdrawals in excess of four during a month.
• You may access your Checking Account to purchase goods or pay for services in person, online, or by phone, or do anything that a participating merchant will accept.
• If the merchant permits and you receive cash back, PIN transaction limitations and any applicable fees will apply. The charge to use your Debit Card may be $1.00 per transaction in excess of four during a month. All fees are subject to change without notice.
  

• Signature-based transactions. Using your Debit Card, you may not exceed $3,000.00 in transactions in any 24- hour period.
• PIN-based transactions. Using your Debit Card, you may not exceed $3,720.00 in transactions in any 24-hour period.

• Where it is necessary for completing transfers.
• To verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
• To comply with government agency or court orders.
• If you give us your written permission.
  

• Contacting us at the telephone number or address listed in this EFT Disclosure in time for us to receive your request 3 business days or more before the payment is scheduled to be made.
• If you call, we may also require you to put your request in writing and get it to us within 14 days. We will charge you a fee as set forth in our Fee Schedule for each stop-payment order you give.

• If, through no fault of ours, you do not have enough money in your account or back up accounts to make the transfer, if any funds in your accounts necessary to complete the transfer are held as uncollected funds or pursuant to our Funds Availability Policy, or if any funds in your accounts necessary to complete the transaction are held subject to legal process or other claim.
• If you used your card or access code in an incorrect manner, or after your right to use your card or access code has been cancelled.
• If the automated teller machine (ATM) where you are making the transfer does not have enough cash.
• If the ATM or other terminal or system was not working properly, and you knew about the breakdown when you started the transfer.
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
• If funds in your account necessary to complete the transaction are pledged as collateral, are frozen, or offset because of a delinquent loan.
• If the error was caused by a system of any participating ATM network.
• If the transfer is not completed as a result of your negligent use of your card, access code, or any EFT facility for making such transfers.
• If the telephone or computer equipment you use to conduct audio response or electronic/PC transactions is not working properly and you knew or should have known about the breakdown when you started the transaction.
• If a law or regulation prevents us from completing the transaction.
• If any other exception as established by us and communicated to you applies.
  

Error Resolution Notice

• Your name
• The account number
• A description of the error or the transfer, including the dollar amount in question.

Wire Transfer Agreement and Notification
(Uniform Commercial Code Article 4A)

Funds Availability Disclosure

• Checks drawn on the Credit Union
• U.S. Treasury checks that are payable to you
• Wire transfers
  

• Cash
• State and local government checks that are payable to you
• Cashier’s, certified, and teller’s checks that are payable to you
• Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.

Other Terms and Conditions

• Advantage One Credit Union
  23670 Telegraph Road
  Brownstown, MI 48134  or
• via E-mail at: help@myaocu.com
  

Binding Arbitration and Class Action Waiver Resolution of Disputes by Arbitration

1. Agreement to Arbitrate Disputes. Either you or we may elect, without the other’s consent, to require that any dispute between us concerning your membership, your deposit accounts (“Accounts”) and the services related to your membership and Accounts, including but not limited to all disputes that you may raise against us, must be resolved by binding arbitration, except for those disputes specifically excluded below.
   
   
2. No Class Action or Joinder of Parties. YOU ACKNOWLEDGE THAT YOU AND WE AGREE THAT NO CLASS ACTION, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, MAY BE PURSUED IN ANY ARBITRATION OR IN ANY COURT PROCEEDING, REGARDLESS OF WHEN THE CLAIM OR CAUSE OF ACTION AROSE OR ACCRUED, OR WHEN THE ALLEGATIONS OR FACTS UNDERLYING THE CLAIM OR CAUSE OF ACTION OCCURRED. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction), whether or not the claim may have been assigned.
   
   
3. Disputes Covered by Arbitration. YOU ACKNOWLEDGE THAT IN ARBITRATION THERE WILL BE NO RIGHT TO A JURY TRIAL. Any claim or dispute relating to or arising out of your Accounts or our relationship will be subject to arbitration, regardless of whether that dispute arose before or after your receipt of this notice. Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
   
   All disputes are subject to arbitration, no matter what legal theory they are based on, or what remedy (damages, or injunctive or declaratory relief) they seek. Disputes include any unresolved claims concerning any services relating to your Accounts. Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a joint account holder, account beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy. Disputes include not only claims that relate directly to the Credit Union, but also its affiliates, successors, assignees, officers, directors, employees, and agents, and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims. If party initiates a proceeding in court regarding a claim or dispute which is included under this Resolution of Disputes by Arbitration provision, the other party may elect to proceed in arbitration pursuant to this Resolution of Disputes by Arbitration provision.
   
   
4. Disputes Excluded from Arbitration. Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual (non-class, non-representative) claim for relief. However, if a matter in small claims court is removed, transferred, or appealed to a non-small claims court, that claim shall be subject to this Resolution of Disputes by Arbitration provision. Our Claims or disputes against you arising from your status as a borrower under any loan agreement with the Credit Union or to collect any funds you may owe us are also excluded from this Resolution of Disputes by Arbitration provision.
   
   
5. Commencing an Arbitration. The arbitration must be filed with one of the following neutral arbitration forums and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. If you initiate the arbitration, you must notify us in writing at: 
   
   1. Advantage One Credit Union
      Attn: Legal Department
      23670 Telegraph Road
      Brownstown, MI 48134
      
      If we initiate the arbitration, we will notify you in writing at your last known address on file. You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating an arbitration by contacting these arbitration forums:
      
      
   2. American Arbitration Association
      1-800-778-7879 (toll-free)
      www.adr.org (Opens in a new Window)
      
      
   3. JAMS
      1-800-352-5267 (toll-free)
      www.jamsadr.com (Opens in a new Window)
      The arbitration shall be conducted in Wayne County, Michigan, unless the parties agree to a different location in writing.
      
      
6. Administration of Arbitration. The arbitration shall be decided by a single, neutral arbitrator. The arbitrator will be either a lawyer with at least ten years of experience or a retired or former judge selected in accordance with the rules of the arbitration forum. The arbitrator shall follow procedures and rules of the arbitration forum in effect on the date the arbitration is filed unless those rules and procedures are inconsistent with this arbitration provision, in which case this arbitration provision will prevail. Those provisions and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or by us. The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, will honor claims of privilege recognized at law, and will be empowered to award any damages or other relief provided for under applicable law. The arbitrator will not have the power to award relief to, or against, any person who is not a party to the arbitration. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. You or we may choose to have a hearing and be represented by counsel. The decision rendered by the arbitrator shall be in writing. At your or our request, the Arbitrator shall issue a written, reasoned decision following applicable law and relief granted must be relief that could be granted by the court under applicable law. Judgment on the arbitration award may be entered by any court of competent jurisdiction.
   
   
7. Costs. The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, We will pay the fees and costs of the arbitration for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring Us to do so, or if you ask us in writing and we determine there is good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all costs and expenses from another party if the arbitrator, applying applicable law, so determines.
   
   
8. Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies, except in an action by us against you that has been initiated by Us to collect funds that you may owe to us.
   
   
9. Arbitration Award. The arbitrator’s award shall be final and binding unless a party appeals it in writing to the arbitration forum within fifteen days of notice of the award or pursuant to the rules of the arbitration forum, whichever is later. The appeal must request a new arbitration before a panel of three neutral arbitrators selected in accordance with the rules of the same arbitration forum. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same manner as allocated before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days of notice of the award or pursuant to the rules of the arbitration forum, whichever is later. A final and binding award is subject to judicial intervention or review only to the extent allowed under the Federal Arbitration Act or other applicable law. A party may seek to have a final and binding award entered as a judgment in any court having jurisdiction.
   
   
10. Governing Law. You and we agree that our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable, the laws of the State of Michigan shall apply.
    
    
11. Severability, Survival. These arbitration provisions shall survive (a) termination or changes to your accounts or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your Accounts or any related services. If any portion of this Resolution of Disputes by Arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration provision may be amended, severed, or waived absent a written agreement between you and us.
    
    
12. Applicability. Arbitration will not apply to your Account as long as you are an active-duty Service Member.