BB&T/2011-06-12 Online Banking Agreement

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I retrieved the following text from a web page frame at http://bbt.com on 2011-06-13 encountered as part of an end-user agreement process. I do not know if the text is also posted on a regular web page. --Woozle 12:40, 13 June 2011 (EDT)

I. Introduction

A. Applicability

This Agreement and Initial Disclosures (the "Agreement") governs your use of the Service. By subscribing to the Service or using the Service, you agree to the terms of this Agreement. Please read this Agreement carefully and in its entirety. We suggest that you print a copy of this Agreement. We also suggest that you print a copy of the Software License Agreements included with the Personal Financial Management Software.

B. The Service

You may use a personal computer ("PC") or wireless device to access the Service via BB&T OnLine or via Personal Financial Management Software, which you must purchase from the software manufacturer, or a retailer of your choice. Your use of the Personal Financial Management Software is governed by the Software License Agreements included with each software application. You must agree to the terms and conditions of the Software License Agreements during the installation of the Personal Financial Management Software on your PC. You are responsible for the correct set-up and installation of the Personal Financial Management Software.

II. Definitions

The following definitions apply in this Agreement.

Account(s) refers to your checking, savings, money market, loan, line of credit, credit card, prepaid card account, or mortgage account you have with BB&T. Some of your accounts may not be eligible for certain transactions using the Service.

Account Agreement(s) means any account agreement, such as the Bank Services Agreement (for consumer Accounts) and the Commercial Bank Services Agreement (for business Accounts), or other applicable agreement, as amended from time to time, relating to a deposit account, loan, or other relationship you have with us.

Affiliate means, with respect to any person, another person that directly or indirectly owns or controls such person, is owned or controlled by such person, or is under common ownership or control with such person; and the term also includes each of such persons' senior executive officers, directors, executives, managers, members or partners.

Applicable Law means, as to any person, a requirement imposed by any federal, state, local or other law, regulation, rule, ordinance, determination of an arbitrator, order of a court, or determination, order, finding, advisory opinion, guideline, or requirement of any other governmental authority, which is applicable to and binding upon such person, including without limitation, the laws, regulations and orders administered by The Office of Foreign Assets Control (OFAC), and the Financial Crimes Enforcement Network (FinCEN).

BB&T refers to Branch Banking and Trust Company and its depository institution Affiliates where your Accounts may be located.

BB&T OnLine® means the Internet application through which you may access the Service.

Business Day(s) means Monday through Friday, except Federal Reserve holidays.

Combined Service means that both commercial and consumer accounts may be accessed by using the Service.

Deliver By Date refers to the date on which your payment will be delivered to the Payee.

Outside Account(s) means your personal checking or savings account at another financial institution.

Payee refers to any business, merchant, or professional with a valid five digit United States Postal Service ZIP address that generates a bill or invoice for services, or services provided on your behalf, or any individual.

Payee Account refers to the account to which the Payee will credit your payment.

Payee Information refers to information about a Payee that is used to properly direct payment to the Payee and permit the Payee to identify the correct Payee Account.

Personal Financial Management Software means the computer program through which you may access the Service. See the BB&T OnLine Banking Frequently Asked Questions for currently supported programs and versions.

Send on Date refers to the Business Day on which a bill payment is sent to the Payee.

Service(s) refers to collectively, any or all of BB&T OnLine Banking Services, described in this Agreement, which allows you to electronically access Account and transaction information, transfer funds, originate transactions, and pay bills on a personal computer or wireless device.

Service Charge Account means the account you have designated to be charged for all applicable fees and charges associated with the Services.

Software License Agreement(s) means the software license agreements governing your use of the Personal Financial Management Software.

System Requirements means the current hardware and software minimum requirements to access the Service. See the Security Information and System Requirements in the BB&T OnLine Banking Frequently Asked Questions for details.

Withdrawal Date refers to the Business Day on which the funds are withdrawn from your Account for a scheduled bill payment.

We, us, or our refers to BB&T and any agent, independent contractor, designee or assignee that BB&T may, in its sole discretion, involve in the provision of the Service.

You or your refers to the individuals, corporations, partnerships, limited liability companies, and sole proprietorships subscribing to or using the Service.

III. Security

A. Your User ID and Password

You will be asked to choose your personal User ID consisting of 8 - 15 alpha-numeric characters, and a Password consisting of 8 - 12 alpha-numeric characters, which you will use to obtain access to your Account(s) at BB&T. User ID and Password must not contain any special characters (i.e. asterisk*, or colon :), or spaces and must not have consecutive repeating characters in excess of 2 (i.e. AAA or 333 are not allowed). If you request Combined Services, you will use one User ID and password to access both your commercial and consumer accounts. You authorize us to follow any instructions entered through the Service using your User ID and Password. You agree not to give or make available your User ID and Password to any person. Sharing this information constitutes a misuse and therefore, all transactions initiated by those with whom you shared information will be considered as authorized by you, regardless of whether you intended those transactions to be made. We may ask you to change your User ID and Password from time to time for security reasons. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene, or threatening when defining your User ID or any other personalization of your Account(s).

B. Additional Security Measures

In addition to your User ID and Password, we may ask you to create and provide responses to additional authentication questions that only you and BB&T will know in order to verify your identity. You will be asked to create these questions and responses one time and will be presented with a question and prompted for a response at random when you access the Service and/or make certain transactions using the Service. These questions and your correct responses help us to provide stronger protection of your account information and your transactions. We reserve the right to prevent access to the Service and/or refuse to process any payment or transfer for security reasons or if we suspect fraud. You agree to cooperate with us in the investigation and prosecution of any person who has obtained and used your User ID and Password without your authorization.

IV. Bill Payment Service

A. General

You may make payments through the Service to any business, merchant, or professional with a valid address that generates a bill or invoice for services or services provided on your behalf. We reserve the right to refuse to allow you to designate any particular Payee or class of Payee. You may also make payments through the Service to individuals, family, or friends for non-business purposes. Payments may be made only to Payees with a 5-digit United States Postal Service ZIP code address, including APO/FPO addresses. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-ordered payments through the Service. Any user of this Service shall comply with all applicable laws and regulations including the laws and regulations administered by the U.S. Treasury Office of Foreign Assets Control (OFAC). We reserve the right to refuse to process any bill payment we reasonably believe violates applicable law or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities. We will notify you if we do not process a bill payment.

B. Your Payee List

You must provide sufficient information about each Payee as we may request from time to time, to properly direct a payment to that Payee and permit the Payee to identify the correct Payee Account to credit with your payment. This information may include, among other criteria, the name, address, and phone number of the Payee and your Payee Account number. You agree that we may obtain information regarding your Payee Accounts in order to facilitate proper handling and crediting of your payments, and you authorize your Payees to release such information to us. You can enter your Payee Information directly on your PC. Additions, deletions, and modifications to Payee Information are entered directly on your PC and are communicated to us the next time you logon to the Service. For BB&T OnLine, the change will be immediate upon confirmation of the change. Refer to Online Help for additional information about retrieving your account data.

C. Scheduling Bill Payments

To electronically schedule a payment with your PC, follow the simple instructions in the Online Help file or the Personal Financial Management Software Online Help File. Payments may range in amounts up to $100,000.00. If you would like a written confirmation or confirmation by email of the payment information for any payment that you have scheduled, please call BB&T at 1-888-BBT-ONLINE (1-888-228-6654), or send us an email with your request. When you schedule a bill payment, you authorize us to withdraw the amount of your payment from your Account(s).

D. How Bill Payments are Delivered

We may remit your payments by mailing your Payee a paper check, by electronic funds transfer, or by other means. Payees who have a relationship established to receive electronic delivery of payments by us will receive your payment information by a computer link. The Deliver By Date will depend on how the payment is sent. The Deliver By Date for electronic payments is generally two (2) Business Days after the Send On Date. For Payees that are unable to receive electronic payments, we may send payments by a paper draft drawn on your Account. You agree that all paper drafts issued on your authorized instructions will be the same as if actually signed by you.

We send all checks through the United States mail. The Deliver By Date for paper drafts is generally five (5) Business Days after the Send On Date. We are not responsible for postal delays or processing delays by the Payees. Occasionally, a Payee chooses not to participate in the Service, or may be unable to process payments in a timely manner. In such cases, we may decline to make future payments to these Payees.

E. Processing Your Bill Payments

You will be asked to specify the Send On Date. For electronic payments, we will reduce the available balance in your Account on the Send On Date by the amount of the bill payment you have scheduled. For electronic payments, the Withdrawal Date will be 2 business days after the Send On Date you specified. For bill payments in the form of paper drafts, the Withdrawal Date will be the date on which the paper draft is presented for payment against the Account. If the Send On Date for a non-Repeating Payment falls on a weekend or a Federal Reserve Holiday, your payment will be processed on the next Business Day. Although you may schedule bill payments by using the Service 24-hours a day, seven (7) days a week, payments will be withdrawn from your Account only on Business Days, subject to system availability. We may refuse to process your payment if sufficient funds, including funds available under any overdraft plan, are not available in your Account(s).

F. Same Day Bill Payments

You may schedule a Send On Date for a bill payment for the same day that you schedule the payment if we receive your instructions before 7:00 p.m. Eastern Time, USA, on a Business Day.

G. Future Bill Payments

You may schedule a payment for a future Business Day up to one year in advance.

H. Repeating Bill Payments

You may schedule payments for a fixed amount for delivery on or about the same date every month (a "Repeating Payment"). The Deliver By Date for a Repeating Payment is calculated for each payment based on the Send On Date you enter and the form of payment required for that particular Payee. If the Deliver By Date does not exist in a certain month, the Deliver By Date will be the last Business Day of the month and the Send On Date will be adjusted to allow for the appropriate delivery time for that particular Payee. For example, if the Deliver By Date is for the 30th of each month, the Deliver By Date for the month of February will be the last business day in February and the Send On Date for an electronic Payee will generally be two Business Days prior. If the Send On Date falls on a day other than a Business Day in any month, the Send On Date will be the previous Business Day. If the calculated Deliver By Date falls on a day other than a Business Day in any month, the Deliver By Date will be the previous Business Day and the Send On Date will be adjusted to allow for the appropriate delivery time for that particular Payee. For example, you set up a monthly Repeating Payment to an electronic Payee with a Send On Date of the fifth (5th) of the month. Since this is an electronic payee, the Deliver By Date is calculated to be the seventh (7th) of each month. If August 5th falls on a Saturday, then August 7th will fall on a Monday and the Send On Date for August will be adjusted to two Business Days prior, or Thursday, August 3rd, to allow the appropriate delivery time for the electronic Payee to receive the payment by the Deliver By Date. Similarly, if the Send On Date of August 5th falls on a Friday, then the corresponding Deliver By Date will fall on Sunday, August 7th. The Deliver By Date will be adjusted to the previous Business Day, or August 5th , and the Send On Date will be two Business Days prior, or August 3rd.

I. Guarantee for Bill Payments

BB&T will reimburse you for any late payment fees or penalties you are charged, up to a maximum of $50.00 per scheduled payment, as a result of our failure to deliver a payment made to a business by the Deliver By Date if you meet each of the following conditions:

You must properly schedule the Send On Date to include adequate time for your payment to be processed and delivered on or before the date the payment is due to the Payee. This means that you must schedule your payments before 7:00 p.m. Eastern Time, USA, on a Business Day at least five (5) Business Days prior to the date the payment is due to the Payee. Mortgage payments differ from other Repeating Payments in the following manner: If your mortgage payment is due on the first of each month with a 15-day grace period, then you must schedule the Send On Date for your mortgage payment on or before the third (3rd) calendar day of each month, or the payment guarantee will not apply.

i. You must provide us with the correct Payee name, address, due date, account information, and the correct payment amount.
ii. Your Account(s), including any overdraft plan, must contain sufficient funds to complete the payment or transfer on the Withdrawal Date.
iii. The payment must be made to a business.
iv. The late payment fee or penalty, or the method of calculation, must be published by the Payee prior to the date the payment is due to the Payee.
v. Your PC hardware, software, telephone line, and Internet Service Provider, if applicable, must be functioning properly.
vi. You must provide us with a copy of the statement identifying the late fee.
vii. We are not responsible for failure to deliver any payment that we have reserved the right to refuse to process as provided in this Agreement.

J. Stopping or Modifying Bill Payments

You may use your PC to electronically change both the payment amount and the Send On Date of any scheduled Payment at any time prior to 7:00 p.m., Eastern Time, USA, on the Send On Date. You may also delete any payment at any time prior to 7:00 p.m. Eastern Time, USA, on the Send On Date. You may also stop any payment by calling 1-888-BBT-ONLINE (1-888-228-6654), or by writing to BB&T OnLine Banking Support, 2586 James B White HWY North, Whiteville, NC 28472, in time for us to receive your request three (3) or more Business Days before the Send On Date. If you call, we may also require you to put your request in writing and send it to us within 14 days after you call. Stop payment fees may apply.

K. Liability for Failure to Stop Payment (Applicable for Consumers Only)

If you order us to stop one of these Repeating Payments three (3) Business Days or more before the Send On Date, and we do not do so, we will be liable for your losses or damages.

L. Reviewing Payments and Payment Information

For customers using the Personal Financial Management Software, Payment Information and records of past and future scheduled payments are stored on your PC. The number of records that can be stored depends on the amount of your PC's memory. For BB&T OnLine users, Payment Information and records of past and future scheduled payments are stored on the BB&T computer. Refer to Online Help for additional information about retrieving your payment history.

M. Incomplete Payments

If we remit your payment to a Payee by mailing your Payee a check, and the check has not been presented for payment, you may contact BB&T if you require assistance in researching your payment by calling 1-888-BBT-ONLINE (1-888-228-6654), or by writing to BB&T OnLine Banking Support, 2586 James B White HWY North, Whiteville, NC 28472.

Transfers Among your BB&T Accounts

A. General

You may use the Service to transfer funds between any of your eligible Accounts held by us or one of our Affiliates, subject to any limits or restrictions we may impose from time to time.

B. Cut-off Time for Transfers

Transfers between Account(s) initiated via the Service and received by BB&T by 9:00 p.m. Eastern Time Monday through Friday will be effective on the current Business Day. Transfers between Account(s) initiated via the Service and received after 9:00 p.m. Eastern Time Monday through Friday, or all day Saturday, Sunday, and banking holidays will be effective the following Business Day.

Transfers between Account(s) initiated via the Service to a business loan account and received by BB&T by 7:00p.m. Eastern Time Monday through Friday will be effective on the current Business Day. Transfers to business loan accounts initiated via the Service and received after 7:00p.m. Eastern Time Monday through Friday, or all day Saturday, Sunday, and banking holidays will be effective the following Business Day.

C. Limitations on Frequency of Transfers

The number of transfers between your eligible Accounts may be subject to the limitations that apply to the maximum number of automatic or repeating withdrawals from certain types of accounts. Refer to your Account Agreements for details.

D. Limitations on Dollar Amount of Transfers/Bill Payments

Except as limited by Account type and applicable Account Agreements, each transfer between eligible Accounts may range in amounts up to $1,000,000.00. The maximum aggregate amount that can be transferred between eligible Accounts per day is unlimited. Each bill payment from an Account may range in amounts up to $100,000.00. The maximum aggregate bill payment amount that can be paid per day is unlimited.

E. Future Transfers

Transfers scheduled for a future date will be effective at 12:00 a.m. Eastern Time on the requested date of transfer. For example, a transfer scheduled to occur on September 3, will be effective at 12:00 a.m. on September 3. The transfer will be viewable via the Service in available balance on the date of the scheduled transfer. The transfer will be viewable via the Service in transaction history the day following the transfer.

F. Stopping or Modifying a Scheduled Transfer

A scheduled transfer may be stopped or modified at any time the day prior to the scheduled transfer date. For example, a transfer scheduled for September 3 may be modified or stopped at any time prior to 12:00 a.m. Eastern Time on September 3.

VI. Outside Transfer Service (Applicable to Consumer Accounts Only)

A. General

Within the Service, you may separately enroll to transfer funds between your BB&T personal checking and savings accounts and your Outside Accounts. Business Accounts are not eligible for the Outside Transfer Service. Enrollment of Outside Accounts is subject to our approval, which may be withheld in our sole discretion. Once an Outside Account is enrolled, you may request us to transfer funds between that Outside Account and your BB&T Accounts ("Outside Transfers").

You must be the sole owner, or a joint owner, of the BB&T Account and the Outside Account. You will be notified if we are unable to verify your ownership of an Account. We may require additional verification of your ownership of any Outside Account at any time before or after enrollment, and before or after allowing any transfer activity with respect to that account ("Additional Verification"). By enrolling an Outside Account, you authorize the account-holding institution to disclose to us any information that we request about you or the Outside Account and agree to cooperate in Additional Verification, including promptly providing any identification and/or other account documentation that we may request.

B. Types of Transfers

An Inbound Transfer moves funds into a BB&T Account from an Outside Account. An Outbound Transfer moves funds from a BB&T Account to an Outside Account. For each Inbound and Outbound Transfer, you may elect one of the following options:

i. Three-Business-Day Transfers: If your transfer request is submitted prior to the cut-off time, funds will be debited the Business Day after you submit the transfer request, and will be credited on the third Business Day after you submit the transfer request. Three-Business-Day Transfers are available to all users of the Outside Transfer Service.
ii. Next-Day Transfers: Subject to our approval and provided your transfer request is submitted prior to the cut-off time, funds will be debited and credited on the Business Day after you submit the transfer. Next-Day Transfers are permitted only at our discretion. Once approved, you will remain eligible for Next-Day Transfers, unless we provide you with notice otherwise. Next-Day Transfers are not available for future-dated or recurring transfers.

C. Cut-off time

The cut-off time for Next-Day and Three-Business-Day Transfers is 7:00 p.m. ET. Any Transfer made after the cut-off time will be submitted the next Business Day.

D. Future-Dated and Recurring Transfers

You may schedule both Inbound and Outbound Transfers to occur on a future Business Day or on a recurring basis up to one year in advance. The recurring transfer feature may be used when the same amount is transferred at regular intervals. For example, a $100 transfer from your BB&T Account to an Outside Account may be set up to occur every two weeks. Your future-dated or recurring transfer requests are submitted on the day on which they are scheduled or the first Business Day after they are scheduled if that day is not a Business Day. Funds will then be debited on the first Business Day after the transfer request is submitted, and will be credited on the third Business Day after the transfer request is submitted. For example, if a recurring transfer request is scheduled to occur on the first day of each month, and the first of the month falls on a Saturday, the transfer request will be submitted on the first Business Day in the month, or Monday the third. Funds will then be debited on the fourth and credited on the sixth. If you schedule a future-dated or recurring transfer to occur on a day of the month that does not exist (e.g, the 31st of the month), the transfer request will be submitted on the last Business Day of the month and will be credited to your account on the third Business Day after the transfer request is submitted.

E. Transfer Status

You may check the status of any transfer by going to the Transfers tab in the Service. Transfers are "Pending" from the time you request the funds transfer until the transfer is released for processing. A transfer remains "In Process" until the funds have been transferred, at which time the status will change to "Complete". Three-Business-Day Transfers typically remain "In Process" until the close of the third Business Day after the transfer is submitted. Next-Day Transfers may remain "In Process" until the close of the next Business Day after the transfer is submitted.

F. Canceling a Transfer

Transfers that are in Pending Status can be canceled within the Service. However, if the transfer status is In Process or Completed, you can no longer cancel it. If you need assistance with cancelling a transfer, call us at 1-888-228-6654. If you attempt to cancel a pending transfer in accordance with these instructions and we do not do so, we will be liable for your losses or damages.

G. Transfer Limits.

For Outside Transfer Limits, please refer to our Outside Transfer Service: Fees, Limits, and Cut-off Times schedule as amended from time to time, which is available in the Customer Service Tab within the Service and which is incorporated herein by reference. Transfer limits apply to all Outside Transfers. Any transfer submitted on a day that is not a Business Day counts toward the applicable limit for the next Business Day. We may change the Outside Transfer limits at any time. We will provide notice to you of any decrease in the transfer limits; but you agree that we may reduce your limits to the amounts stated in the Outside Transfer Service: Fees, Limits, and Cut-off Times without prior notice. In addition, there may be limits on the number of transfers per month from certain types of accounts, such as savings accounts. Refer to your BB&T Bank Services Agreement or your Deposit Agreement with the account-holding institution.

H. Cancellation and Suspension

We may cancel or suspend your use of the Outside Transfer Service or disqualify any BB&T Account or Outside Account from eligibility to conduct Outside Transfers without prior notice.

VII. Additional Services

A. Online Statements

You may elect to stop or resume the mailing of paper statements for eligible Accounts by changing your statement delivery preferences on the Statements tab within BB&T OnLine.

Only Accounts accessible via BB&T OnLine may be enrolled for online statement delivery. Eligible accounts are displayed on the Statements page in BB&T OnLine. If you currently receive a consolidated periodic statement that includes multiple Accounts and you select online statement delivery, all Accounts shown on the consolidated statement will be automatically enrolled for online statement delivery. For joint Accounts, only one Account owner need enroll for online statement delivery.

If you receive cancelled checks with your periodic statement and choose to receive your periodic statement via online statement delivery, you will no longer receive cancelled checks in the mail.

Your statement will be available within 24 hours after the statement cut-off date. The statement cut-off date for your online statement is the same as your paper statement. You may view, print, and download your current statement and up to 24 months of statement history.

We may deliver information to you about your eligible Accounts via the BB&T OnLine Banking message center, email, US Postal Service, or within the online statement itself. It is your responsibility to notify us if your contact information changes. To notify us of a change in your contact information, logon to BB&T OnLine Banking, click the Customer Service tab, and select Personal Information.

We may continue to mail information to you, including any information that you have authorized us to provide to you electronically. We may discontinue the online statement service at any time in our discretion and resume mailing paper statements to you. We may also add, modify, or delete any feature of the online statements service in our discretion. We will provide you with notice of any change or termination in the online statement service.

All of your payments and transfers made through the Service will appear on your periodic Account statement. The Payee Name, payment amount, and Withdrawal Date will be reflected for each payment made through the Service.

B. Check and Deposit Images

You may view digital images of recent cancelled (paid) checks and deposit slips. Online images may be viewed only for such periods of time as we may establish, after which copies are normally available from our archives upon request (we may charge a fee for such copies).

As is common industry practice with various check "truncation" or "safekeeping" services, we destroy the original items but retain the images for at least the number of years required by law. If an image of a check is missing or is illegible, we will attempt to provide you with a legible copy upon your request, if you give us adequate information to identify the specific check. However, we will have no liability to you if we are unable to provide a copy within your requested timeframe, or at all, due to any reason other than our gross negligence, willful misconduct or criminal conduct. We reserve the right to charge a fee for such requests in some circumstances, such as when the image is missing or illegible due to circumstances beyond our control.

C. Balance Inquiries

You may use the Service to check the balance of your Accounts. The balances shown may differ from your records because they may not include deposits that are not available for withdrawal, outstanding checks, or other withdrawals, payments, or charges.

D. Mobile Banking Service

i. General. The Mobile Banking Service allows you to perform various functions, including viewing Account balances and transaction information, bill payments and transferring funds.
ii. Equipment Requirements. You must have email access and/or mobile text messaging capability. Expanded functionalities are available to users with web-enabled wireless devices, or through third-party software which may be downloaded to compatible wireless devices or which is pre-loaded on certain devices available through select wireless providers. You are solely responsible for your choice of equipment, wireless carriers, Internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate provider. Your wireless or Internet service provider may charge additional fees.
iii. Security. We do not "store" confidential or sensitive information such as User IDs, Passwords or Account numbers on your wireless device in connection with the Services. You should safeguard your wireless device, as well as your User ID and Password, against loss or theft. If your device is lost or stolen, report it immediately to your wireless provider. Except as provided in this Agreement, we have no responsibility or liability if someone else learns your User ID and Password and uses it to access the Services.
iv. Licensing Terms for Users of Third-Party Software. If you access the BB&T Mobile Banking service through software downloaded to or pre-loaded on your wireless device ("Software"), you agree to the following licensing terms ("Terms"):

BB&T and the third-party software providers reserve all rights to the copyrighted software not expressly granted herein. You may use the Software solely for accessing the Service subject to the Terms. You may not do any of the following to the Software: (i) modify, revise or create any derivative works; (ii) decompile, reverse engineer or otherwise attempt to derive the source code; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights; or (iv) remove or alter any proprietary notices, legends, symbols or labels, including, but not limited to, any trademark, logo or copyright. Neither the software licensor nor the wireless network provider is responsible for any of the materials, information, and financial products or services made available to you via the Software.

E. Alerts Service

i. General. The Alerts service allows you to receive various types of alerts concerning the Accounts that you select via email and/or text message to your wireless device and where applicable, notification methods available within the BB&T Mobile App for your Smartphone. You are responsible for providing accurate contact information to receive Alerts. Some types of alerts are optional, and some alerts are mandatory. To cancel optional alerts, you may text stop to 69228 (MYBBT) at any time or visit the BB&T web site. For support information, text help to 69228 (MYBBT) or visit the BB&T web site.
ii. Equipment Requirements. You must have email access and/or mobile text messaging capability. You are solely responsible for your choice of equipment, wireless carriers, internet or email service providers, web browsers, voice/data plans, etc., and for resolving any issues concerning operation, performance, availability, costs, etc., relating to any of the foregoing with the appropriate provider.
iii. Security. We do not "store" confidential or sensitive information such as User IDs, Passwords or Account numbers on your wireless device in connection with the Services. You should safeguard your wireless device, as well as your User ID and Password, against loss or theft. You should delete any alerts or other text messages sent or received in connection with any Service. We have no responsibility or liability to you or any other person in connection with any such messages you choose to save on your wireless device. If your device is lost or stolen, report it immediately to your wireless provider.
iv. Disclaimer. The information in any Alert may be subject to certain lag times or delays in transmission, and we make no representation concerning either the currency or accuracy of any Alert. Frequency of alerts is based on your account settings. Alerts are provided as a convenience only, and should never be considered as an official bank record or as a substitute for the information contained in your periodic statements. We may provide important information to you via other methods, including electronic messaging within the Service.

F. Electronic Messaging

The Service provides you with the ability to send and receive electronic messages to and from us. Please remember that we will not immediately receive an electronic message sent by you. No action will be made on any electronic message you send to us until we actually receive your message and have a reasonable opportunity to act on it.

Electronic messaging CANNOT be used to notify us of lost or stolen User IDs or Passwords; nor can electronic messaging be used to notify us of unauthorized transactions. Notification of these occurrences must be done as specified in the Contact in Event of Unauthorized Transfer in this Agreement. From time to time, we may send important notices to you concerning your use of the Service by electronic messaging. The electronic messaging service may not be used to send or receive email messages to or from the general public.

VIII. Contact in Event of Unauthorized Transfer

If you believe your User ID and Password has been lost or stolen or that someone has transferred or may transfer money from your Account(s) without your permission, call:

1-888-BBT-ONLINE (1-888-228-6654)
Or write:
BB&T OnLine Banking Support
2586 James B White HWY North
Whiteville, NC 28472

IX. Liability Provisions Applicable to Consumer Accounts Only

The following provisions apply in the event you believe there has been an unauthorized transfer from your consumer Account. Please refer to the applicable Account Agreement for other important disclosures regarding your rights and responsibilities.

A. Your Liability

Tell us at once if you believe your User ID and Password has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account plus your maximum overdraft line of credit. If you believe your User ID and Password has been lost or stolen, and you tell us within two (2) Business Days after you learn of the loss or theft, you can lose no more than $50 if someone used your User ID and Password without your permission.

If you do not tell us within two (2) Business Days after you learn of the loss or theft of your User ID and Password, and we can prove that we could have stopped someone from using your User ID and Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

If a good reason, such as a long trip or a hospital stay, kept you from telling us, we will extend the time periods.

B. Bank Liability for Transfers

If we do not complete a transfer to or from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. This liability is in addition to the payment guarantee for bill payments. However, there are some exceptions. We will not be liable, for instance:

i. If, through no fault of ours, you do not have enough money in your Account to make the transfer or payment.
ii. If the transfer or payment would go over the credit limit on your overdraft line.
iii. If the funds in your Account are subject to legal process or other encumbrance restricting such transfer.
iv. If the Service, your PC, or modem is not working properly and you know about the malfunction when you started the transfer or payment.
v. If a Payee mishandles or causes delays in handling payments sent by us.
vi. You have not provided us with the correct Payee name, address, account information, or payment amount.
vii. If circumstances beyond our control prevent the proper completion of the transaction despite reasonable precautions by us to avoid these circumstances. Such circumstances include, but are not limited to, fire, flood, delay in U.S. Mail, interruption in your electrical power or telephone, the disconnecting of your telephone line by your local telephone company or from deficiencies in your line quality, or any defect or malfunction of your PC, operating software, modem, or telephone line.
viii. If you have not properly followed the instructions for using the Service or the Personal Financial Management Software.
ix. If the account holding institution fails to timely credit an Outbound Transfer to your Outside Account for reasons beyond our control.
x. If we have the right to refuse to process a payment or transfer as provided in this Agreement.

C. Error Resolution Notice

In case of errors or questions about your electronic transfers telephone us at:

1-888-BBT-ONLINE (1-888-228-6654)
Or write:
BB&T OnLine Banking Support
2586 James B White HWY North
Whiteville, NC 28472

Contact BB&T as soon as you can if you think your statement or information regarding a transaction is wrong or you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the first statement on which the problem or error appeared. When contacting BB&T regarding an error resolution, please be prepared to communicate the following information:

i. Your name and social security number or tax identification number.
ii. The error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
iii. The dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will tell you the results of our investigation within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days 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 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.

If we decide that there was no error, we will send you a written explanation within three (3) Business Days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

X. Liability Provisions Applicable to Business Accounts

Except as may be specifically provided in Section XI ("Liability Provisions Applicable to Consumer Accounts"), and as provided below, you will use the Services at your sole risk, including the risk of erroneous or fraudulent transactions. Please refer to the applicable Account Agreement for other important disclosures regarding your rights and responsibilities.

We will be responsible for performing the Services that we agree to provide to you as described in this Agreement, using substantially the same degree of skill and care that we generally apply in performing Services for our other clients. Our liability will be limited to: (i) restoration, as soon as reasonably practicable, of any interrupted Service; (ii) re-performance of the affected Service at our expense, e.g., correcting, reversing or otherwise making accurate any errors in performance; or (iii) failing (i) and (ii) above, compensation to you for any actual monetary damages you incur as a result of our material breach of this Agreement, or our gross negligence, willful misconduct or criminal conduct in performing or failing to perform the affected Service. Except as otherwise expressly provided in this Agreement, our liability will not exceed the lesser of: (1) the actual amount of such damages or (2) the aggregate amount of fees you paid to us for the affected Service during the 12-month period immediately preceding the date on which such damages occurred, or such lesser number of months that you have received the Service.

XI. Disclaimer of Warranty; Exclusion of Damages

We are not responsible for any loss, damage, or injury resulting from an interruption in the availability of the Service, or any computer virus that you may encounter using the Service. We encourage you to routinely scan your PC using a reliable virus protection product to detect and remove viruses from your PC.


A. Disclaimer of Warranty

UNLESS SPECIFICALLY PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND WE MAKE NO WARRANTY, WHETHER STATUTORY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON REGARDING ANY SERVICES, OR ANY SOFTWARE OR EQUIPMENT USED IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

B. Exclusion of Damages

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS, INJURY, OR DAMAGE WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, CAUSED BY THE SERVICE OR THE USE THEREOF OR ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE FINANCIAL SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

XII. Termination

You may terminate your use of the Service at any time by visiting your local BB&T branch office, by calling BB&T OnLine Support at 1-888-BBT-ONLINE (1-888-228-6654), or by writing to us at BB&T OnLine Banking Support, 2586 James B White HWY North, Whiteville, NC 28472. You must notify us at least ten (10) days prior to the date on which you wish to have your Service terminated. We may require that you put your request in writing. If you have scheduled payments with a Send On Date within this ten-day period, you also must separately cancel those payments pursuant to the Stopping and Modifying Bill Payments Section of this Agreement. If we have not completed processing your termination request and you have not otherwise canceled a payment, you will be responsible for payments with Send On Date during the ten (10) days following our receipt of your written notice of termination, and all accrued fees and charges. If there is more than one Account owner or if more than one person is authorized to access the Account via the Service, we may terminate the Service upon the request of any Account owner or person authorized to access the Account.

We may terminate your use of the Service, in whole or in part, at any time without notice. Upon termination, you will remain liable for payments, transfers and other transactions in process, and all accrued fees and charges.

XIII. Fees

You agree to pay the fees specified in the current BB&T OnLine Fee Schedule as amended from time to time, which are available in the Customer Service Tab within the Service, and which are incorporated herein by reference.

We reserve the right to determine whether you are using the Service as a consumer or as a business or both, and to adjust your monthly fees accordingly. Monthly fees may be changed with advance notice. In addition, stop payment fees and other service charges may apply. For example, there may be additional fees charged against your Accounts if a transaction you initiate using the Service causes any of your Accounts to be overdrawn, exceed the maximum permissible number of transactions for the Accounts, or exceed any other qualifiers for the Accounts. Refer to the Account Agreements and the associated Pricing Guides, for these fees.

You authorize BB&T to deduct all applicable subscription, service, and use fees for the Service from your Service Charge Account. If we are unable to deduct all applicable fees from your Service Charge Account for any reason (such as, the Account has been closed or there are not sufficient funds in the Account), you authorize BB&T to deduct all applicable fees for the Service from any of your other Accounts. You may designate a different Account for service charge deductions, by notifying a local branch, calling BB&T OnLine Support at 1-888-BBT-ONLINE (1-888-228-6654), or by using BB&T OnLine.

XIV. General

A. Entire Agreement

This Agreement constitutes the complete and exclusive agreement related to the Service, and supplements the Software License Agreements, the Account Agreements, and any other agreement or disclosure related to your Accounts. In the event of a conflict between this Agreement and any other agreement or disclosure related to your Accounts or any statement by our employees or agents, this Agreement shall control as to the subject matter addressed herein.

B. Waivers

No delay or omission by us in exercising any rights or remedies hereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by us.

C. Assignment

You may not assign this Agreement to any other party. We may assign this Agreement or delegate any or all of our rights and responsibilities under this Agreement to any third parties.

D. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of North Carolina, without regard to that state's conflict of laws provisions.

E. Compliance with Applicable Law

Any user of this Service shall comply with all Applicable Laws. We reserve the right to refuse to process any transaction we reasonably believe violates Applicable Law, or we believe is made in connection with any unlawful transaction or activity, including without limitation, gaming, gambling, lottery, or similar activities. We will notify you if we do not process a transaction.

F. Amendments

We may amend this Agreement from time to time by posting the amended agreement on our website along with a notice that this Agreement has been amended, or by any other reasonable notification method. You may obtain the most recent version of this Agreement by visiting our website or calling 1-888-BBT-ONLINE (1-888-228-6654) to request a copy. Continued use of the Service following notice of amendment constitutes acceptance of any amendments to this Agreement.

G. Severability

If any provision of this Agreement is determined to be void or invalid, the remainder of this Agreement shall remain in full force and effect.

H. Service Hours

The Service is available 24-hours a day, seven days a week, except during maintenance periods, for the scheduling, modification or review of payment orders, and for initiation of funds transfers and balance inquiries. Please refer to the description of each Service for specific processing schedules and cut-off times.

I. Business Days

Our Business Days are Monday through Friday. Federal Reserve Holidays are not included.

J. Service Notifications

We may add, modify or discontinue the Service at any time, including placing or changing restrictions/limits on the types or amounts of transfers or payments, or changing the terms and conditions governing the Service. We may send you electronic notifications concerning the Services, including notice of a change or termination of the Service. We may also temporarily suspend your use of the Service at any time for security reasons or any other reason in our discretion. We have no responsibility or liability for Service unavailability, interruptions or delays due to any cause.

K. Confidentiality

Subject to applicable law, we will disclose information to third parties about you and your Accounts or the transfers you make: (i) where it is necessary for completing transfers; or (ii) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) if you give us permission; (v) as stated in the BB&T Corporation Consumer Privacy Notice; and (vi) as otherwise required or permitted by law or government regulation.

L. Access to other Products and Services

BB&T may provide you access to other financial products and/or services offered by BB&T, its affiliates, or third parties with whom we have contracted. Access to these products or services may be provided through the use of hyperlinks within the Service. You agree that when you use these other services, you will be subject to any terms and conditions applicable to the particular product or service. In the event of a conflict between this Agreement and any terms and conditions applicable to other services, this Agreement shall control as to the subject matter addressed herein.

M. Arbitration Agreement

Any dispute arising from or relating to your Account, this Agreement, or any transaction conducted via the Service will at your election or our election be resolved by binding arbitration in accordance with the Arbitration Agreement contained in the applicable Account Agreement.

Copyright © 2011, [[[Branch Banking and Trust Company]]]. All Rights Reserved.

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