www.cibc.com/us.
(b) Offices outside of Illinois. If you make a deposit at an office located outside of Illinois
on a b
usiness day that we are open and that occurs before 5:00 P.M. local time for all Eastern
Time Zone locations or 5:00 P.M. Central Time for all other locations (collectively, “Outside
Cutoff Time”) Monday through Friday, we will consider that day to be the day of your deposit.
However, if you make a deposit at an office located outside of Illinois after the Outside Cutoff
Time Monday through Friday, or on a day we are not open, we will consider that the deposit was
made on the next business day we are open.
(c) Automated Teller Machine (ATM). If yo
u make a deposit at an ATM on a business day that
we are open and that occurs before 2:00 P.M. Central Time Monday through Friday, we will
consider that day to be the day of your deposit. However, if you make a deposit at an ATM after
2:00 P.M. Central Time Monday through Friday, or on a day we are not open, we will consider that
the deposit was made on the next business day we are open.
I. AGREEMENT TO ARBITRATE
This Section I (“Arbitration Agreement”) describes our agreement to resolve disputes or claims
related to your Account in binding arbitration. PLEASE READ THIS ARBITRATION AGREEMENT
CAREFULLY. UNLESS YOU OPT OUT OF THIS ARBITRATION AGREEMENT, YOU AND WE ARE AGREEING
TO BINDING ARBITRATION, WAIVING THE RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED IN ANY
COURT, EXCEPT SMALL CLAIMS COURT, WAIVING ANY RIGHTS TO A JURY TRIAL, AND WAIVING ANY
RIGHT TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION. YOUR RIGHT
TO OPT OUT OF THIS ARBITRATION AGREEMENT IS DESCRIBED IN SECTION I.7 BELOW.
I.1. Claims or Disputes
Subj
ect
to Arbitration.
This Arbitration Agreement applies to all claims or
disputes between you and us related to your Account, including but not limited to any
transactions,
any related product or service, the Agreement,
any prior deposit account agreement
with us, any
disclosures, or advertising regarding your Account (collectively “Claims”), regardless of
the legal
theory on which they are based on or
whether
they arose in the past, may currently exist, or arise
in the future.
If a third party is also involved in a Claim between you and us, then the third party’s
Claim will also be decided in arbitration, and the third party must be named as a party as required
under the
rules for the arbitration. The arbitrator will decide all issues,
including the arbitrability
of Claims or
the scope,
and enforceability of
this Arbitration Agreement, the interpretation of the
prohibition of class and representative actions,
and non-individualized relief.
I.2 Claims or Disputes Not Subject to Arbitration.
This Arbi
tration Agreement does not
apply to (a)
actions within the
jurisdiction of small
claims court so long as it proceeds on an individual basis, or
(b)
the
collection by us of a credit obligation. It
also does not affect
the
Bank’s rights to exercise
self-help remedies, including set off or other offset, Holds, freezes or repossession.
I.3. Arbitration Process.
The par
ty filing an arbitration claim must select either JAMS or
the
American Arbitration Association (“AAA”) as the
arbitrator.
That organization will apply its rules
of
procedure in effect at
the time
the arbitration claim is filed.
If you initiate the arbitration, you
must notify us in writing at:
CIBC Bank USA, 120 South LaSalle Street, Chicago, Illinois 60603
Attention: Legal Department/Legal Process
If
we initiate the arbitration, we will notify you in writing at your last known address. You can
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