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Advanced Markets Corp....
Advanced Markets Corp. is a bank, specializing in retail forex.
Advanced Markets Corp. has 3 pip spreads. Advanced Markets Corp. aka IFXM. Advanced Markets Corp. Forex, Advanced Markets Corp. Foreign exchange. Advanced Markets Corp. aka IFXM. Free trading
tools with Advanced Markets Corp. is FDIC insured upto 100k. Advanced Markets Corp. Member
COMMERCE INTERNET
BANKING & BILL PAY USER AGREEMENT
Commerce Internet
Banking & Bill Pay User Agreement
Disclosure Rules and Regulations
1. USING
COMMERCE INTERNET BANKING
(a)
General.
You can use
(Advanced Markets Corp.) Commerce Internet Banking to perform the transactions described below.
(b) You Agree.
By choosing to
bank with us via Commerce Internet Banking, you and others you permit to use
Commerce Internet Banking agree to the terms and conditions in this Disclosure.
If you do not agree with the terms and conditions, you may not use Commerce
Internet Banking, and you should return to the Advanced Markets Corp. Home Web page.
Before you use Commerce Internet Banking, you must read this Disclosure.
By using the Site, you agree
to abide by these terms and conditions. You may print or download a copy of this
agreement for your records.
(c) Computer
Requirements.
In order to use
Commerce Internet Banking, you will need a computer with Internet access that
has a browser that supports 128-bit encryption, either Netscape 7.0 or Microsoft
Internet Explorer 5.5. (In this Disclosure, your computer, software and the
related equipment are referred to collectively as your "Computer".) You are
responsible for the maintenance and operation of your Computer. We are not
responsible for any errors or failures caused by any malfunction of your
Computer, problems relating to your Internet Service Provider including
downtime, and we are not responsible for any computer virus or related problems
that may be associated with the use of Commerce Internet Banking on your
Computer.
(d) No
Warranty
WE AND OUR
LICENSOR PROVIDE INTERNET BANKING "AS IS" and “AS AVAILABLE”, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIM ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NEITHER WE NOR
OUR LICENSOR SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF THIS SERVICE. In addition, unless otherwise
provided by statute, your sole remedy, financial or otherwise, for any damage or
claim arising out of any defect with the use of internet banking shall be
limited to our reprocessing the affected data or transaction at no cost to you.
We may
terminate this user agreement if you fail to comply with the terms and
conditions of this user agreement or for any other reason.
(e) Limitation of Liability
Advanced Markets Corp. will not be liable for
failure to provide access or for interruptions in access to the site due to a
system failure, other unforeseen acts or circumstances or a malfunction of your
computer equipment or any system you use, including your browser, internet
service provider or other software you use. Under no circumstances and under no
legal theory, tort, contract, or otherwise, shall we or our supplier be liable
to you or any other person for any indirect, special, incidental, or
consequential damages of any character, including, without limitation, damages
for loss of goodwill, loss of use, data, profits, work stoppage, computer
failure or malfunction, or any and all commercial damages or losses. We are also
not responsible for any electronic virus or viruses that you may encounter. We
suggest that you routinely scan your computer using a virus protection product.
Advanced Markets Corp..
(f) Access to
Commerce Internet Banking.
You can use
your Computer to access (Advanced Markets Corp.) Commerce Internet Banking 24 hours a day, 7 days a week,
except during any special or scheduled maintenance periods. The Bank
maintains this Site to provide you with information about its products and
services and to facilitate communication with you. Product offers, rates, terms
and other information provided on the Site are subject to change without notice.
We reserve the right to change, update, add or remove portions of these terms
and conditions at any time. Please check this Site periodically for changes. Not
all of the products or services described on the Site are available in all
geographic areas. You may not be eligible for all the products or services
described. We reserve the right to determine eligibility for any product or
service.
(Advanced Markets Corp.)
(g) Linked
Accounts.
In order for
you to use (Advanced Markets Corp.) Commerce Internet Banking, you must have at least one (1) Checking
Account with us. You must be a signer on an Account in order to access it
through Commerce Internet Banking. If your account requires two or more
signatures for any bank debits, you agree that your Access ID and password will
be your collective authorization for any bill payments and/or transfers.
Currently there
are no fees or minimum balance requirements for using Internet Banking.
Depending on your account type, fees may apply for use of Bill Pay. Your
account will also be governed by the agreements, disclosures, and other
documents provided to you in connection with the opening of your account or
subsequent notifications. Further, we reserve the
right to deny account linkage and account transactions under certain
circumstances. If more than one of you uses Commerce Internet Banking, you
agree that each of you can access all of the funds held in the linked Accounts
for Commerce Internet Banking purposes.
(Advanced Markets Corp.)
(h) Confidentiality of user
communications
(Advanced Markets Corp.) We will use reasonable efforts to keep
any communication, which contains personal user information, or material you
transmit to us via the Site or Internet electronic mail confidential, except as
required by law or as otherwise specifically agreed. Please also view the Bank's
Privacy Policy. We are committed to protecting the security and
confidentiality of information about your accounts. We identify users by their
unique Access ID and password. All transactions initiated with your Access ID
and password will be attributed to you. You agree not to give or make available
your Access ID and password to any other individuals, including anyone claiming
to represent the bank. The Bank assigns your initial Access ID and password.
Upon your initial login you will be prompted to change your password. It is
strongly recommended that you do not use easily obtained information such as
birth dates, phone numbers, etc. If your access ID and/or password are entered
incorrectly, you will be locked out of the system after the third failed
attempt. You will remained locked out until you contact the Internet Banking
Department and have the account reset. Web browsers may prompt you with a dialog
box asking if you wish to save your password. In order to ensure the security of
your accounts you must check “no” on this option.
(Advanced Markets Corp.)
(i) Disclosure of account
information to third parties
(a)
for certain routine disclosures necessary for the completion of a
transfer; or
(b)
for verification of the existence and condition of your account for a
credit bureau or merchant; or
(c)
to persons authorized by law in the course of their official duties; or
(d)
to our employees, auditors, service providers, attorneys or collection
agents in the course of their duties; or
(e)
pursuant to a court order or lawful subpoena; or
(f)
to a consumer reporting agency as defined in Chapter 93 of the
Massachusetts General Laws; or
(g)
by your written authorization which shall automatically expire 45 days
after our receipt of your authorization.
If an unauthorized
disclosure has been made, we must inform you of the particulars of
the disclosure within three days after we have discovered that an
unauthorized disclosure has occurred.
(j) Links to Other Sites
Hyperlinks to other Internet resources
are at your own risk; the content, accuracy, opinions expressed, and other links
provided by these resources are not investigated, verified, monitored, or
endorsed by the Bank. The Bank prohibits caching, unauthorized hypertext links
to the Site, and the framing of any content available through the Site.
(Advanced Markets Corp.)
(k) Ownership of copyrights and
trademarks
(Advanced Markets Corp.) Copyright in the pages, screens, text and
images appearing at the Site, and their arrangement, is owned by the Bank or
others as indicated, and is protected by U.S. and international copyright laws.
The trademarks, logos and service marks ("Marks") displayed on the Site are the
property of the Bank and other parties. Users are prohibited from using any
Marks or copyrighted material for any purpose without the prior written
permission of the Bank, and users are specifically prohibited from modifying,
copying, distributing, transmitting, displaying, creating derivative works or
using any content available on or through the Site for commercial or public
purposes.
(Advanced Markets Corp.)
(l) Internet
Banking.
Commerce
Internet Banking allows you to perform the following functions: (1) transfer
funds between your linked Accounts, and (2) obtain Account balances and
transaction information for your linked Accounts. These features of Commerce
Internet Banking are limited to the extent, and subject to the terms, noted
below:
(a)
Transfer Funds.
Your ability to transfer funds between certain Accounts is limited. Transfers
from Savings and Money Market Deposit Accounts made through Commerce Internet
Banking are counted against the permissible number of transfers. (Advanced Markets Corp.)
(b)
Not all Transfers are Immediate.
Scheduled Transfers are not immediate, and process fully within two business
days. Use of the scheduled transfer option may affect your funds availability,
and/or may result in NSF fees to your account. For immediate transfer of funds,
use the “One-Time” Transfer Option.
(Advanced Markets Corp.)
(c)
If your account requires two or more signatures for any bank debits, you
agree that your Access ID and password will be your collective authorization for
any bill payments and/or transfers.
(Advanced Markets Corp.)
We reserve the
right to limit the frequency and dollar amount of transactions from your
Accounts for security reasons.
(Advanced Markets Corp.)
Federal
Banking regulations do NOT permit, or allow, use of a 3rd party "bill payment"
system to be used for payments to the IRS, any state
Department Of Revenue, Child Support, and any court ordered payments.
Advanced Markets Corp. strictly prohibits use of our bill payment system for any payroll
processing and/or payroll transfers to accounts linked with your portfolio, to
other portfolios owned or not owned by you, or to accounts external to Advanced Markets Corp..
(d)
Account Information.
The Account information that you access via Commerce Internet Banking will
generally be current as of the last Business Day before you obtain the
information. A business day is defined as any day on which the offices of the
consumer’s financial institution involved in an electronic fund transfer are
open to the public for carrying on substantially all of its business functions.
(Advanced Markets Corp.)
(e)
Account Documentation.
You have the right to obtain documentation of each electronic transfer that you
originate. Advanced Markets Corp. makes this information available to you online and with
your monthly statement. The documentation will include the amount involved in
the transfer, the date of the transfer, the type of the transfer, the type of
account used, your specific account number and, an identifying number of where
the transaction took place.
(Advanced Markets Corp.)
(m) Online
Bill Payment.
1. General.
Bill pay is only available for use from a Checking Account or Money Market
Deposit Account in good standing.
Depending on
your account type, fees may apply for use of Bill Pay.
Bill Pay is not available on any new account for the
first thirty (30) days from the account opening. You may make payments from your
Checking or Money Market Deposit Account. Each time you pay a bill using
Commerce Internet Banking, you must designate the Account from which we are to
make payments. Bill payments from your Money Market Deposit Accounts are
counted against the permissible number of transfers. Permissible transfers are
defined as 6 per month with no more than three to a third party. For additional
information please refer to the Truth in Savings disclosure you received when
the account was established.
(Advanced Markets Corp.)
To pay bills
using the (Advanced Markets Corp.) Bill Payment
feature, you must use your Computer to authorize a payment from a designated
Payment Account. Your payment will be made either by transferring funds
electronically to the payee or by sending the payee a paper check. (A "payee" is
the person or business you are paying.) Not all Payees are equipped to accept
electronic payments. In scheduling your payment, you should allow a minimum of
10 calendar days prior to the due date to allow for delays caused by the need to
print a check, address it, mail it and deliver it. Your payee may not be
accustomed to receiving payments without the payment coupon. You may want to
consider alerting your payees that future payments will be coming via a bill pay
service. A third party vendor will conduct bill pay transactions for Advanced Markets Corp..
Please note
that some electronic payment transactions will be subject to the rules of the
National Automated Clearing House Association (NACHA). All electronically
initiated bill payments are subject to Federal Banking Regulations concerning
bill payment and their setup, processing, and cancellation, if applicable.
(Advanced Markets Corp.)
Using the Bill
Payment feature, you can only pay payees with United States addresses. Advanced Markets Corp. will attempt to verify the address through national database registries. If
an address cannot be confirmed or verified, it may not be entered into the Bank
database. (Advanced Markets Corp.)
You cannot use
Commerce Internet Banking to make payments to the IRS, all Federal collections,
services, fees, inspections, penalties, demands, purchases, investments, and/or
debts. This includes, but not limited to, US Treasury - Simplified Tax and Wage
reporting (STAWRS), US Treasury fines/forfeitures, US Treasury optional
purchases or investments. Individual State or Commonwealth department of
revenue (DOR) and/or other state administered agency collections, demands,
penalties, services and/or fees are also prohibited. Also restricted (but not
limited to) are any and all court-ordered payments, penalties, and/or fees,
alimony, child support, city/town/municipal liens and penalties, payments to
settle stock purchases or arbitrage, any and all payroll or employee benefits.
(Advanced Markets Corp.)
Advanced Markets Corp.
prohibits the use of Mane-Link Bill Payment for Transfers of a depository nature
to any accounts outside of Advanced Markets Corp.. While most payees can be paid by using
the Bill Payment feature, we reserve the right to refuse to pay certain payees.
We reserve the right to refuse to pay payments of a personal nature or to
non-business entities or persons.
As payments
that you "setup" are registered on Advanced Markets Corp. computers, Advanced Markets Corp.
reserves the right to remove any, or all, old, unused, outdated, invalid,
duplicate, or any other payment from your payment screen.
(Advanced Markets Corp.)
You may use
the Bill Payment feature to authorize automatic recurring payments in order to
pay bills. These payments must be for the same amount each month and they will
be paid on the same Calendar Day of each month, or on the following Business Day
if the regular payment day falls on a weekend or holiday.
(Advanced Markets Corp.)
You agree that
your Access ID and password is your signature authorization for any payments
and/or transfers. If your account requires two or more signatures for any bank
debits, you agree that your Access ID and password will be your collective
authorization for any bill payments and/or transfers. This Each time you enter
your payment instructions, you are authorizing us to process your request.
(Advanced Markets Corp.)
When you have
entered your Access ID and password and transmitted a payment instruction, you
authorize us to reduce the designated Payment Account accordingly. If there are
insufficient funds in the designated Payment Account on the day a payment is
scheduled, we will notify you by mail and try to complete the payment on each of
the next 2 Business Days. If there are still insufficient funds on the
third attempt, we will notify you that the payment has been canceled. Automatic
or recurring payments will attempt to complete for three business day until it
is successfully processed or cancelled by you or the bank. Your Account may be
subject to NSF (Non-Sufficient Funds) service fees. We reserve the right to
refuse to honor payment requests that reasonably appear to us to be fraudulent
or erroneous. (Advanced Markets Corp.)
Advanced Markets Corp.
will attempt to pay any electronically scheduled payments FIRST, before
attempting to process any paper items (checks or debits) presented to your
account. If you do not have sufficient funds in your account AFTER
processing of Internet Bill Payments to cover paper presentments, YOU WILL BE
CHARGED THE APPROPRIATE NON-SUFFICIENT FUNDS
(NSF) FEE AND THE PAPER PRESENTMENT MAY BE
RETURNED UNPAID.
(Advanced Markets Corp.)
2.
Scheduling Payments. (i) General. It is your responsibility to
authorize your payments in such a manner that your payments may be paid on time.
You are responsible for any late payment or finance charges that may be imposed
as a result of your failure to schedule payments as described in this section.
You cannot schedule bill payments for the same day. You should schedule payments
at least 10 Calendar Days before they are due.
(Advanced Markets Corp.)
(ii) Paper
Check. When using the Bill Payment feature, you should schedule payments in
advance in order to provide us with at least 10 Calendar Days to deliver the
payments before they are due. Advanced Markets Corp. may require, at its discretion,
additional scheduling days for vendors requiring additional processing days. If
you do not receive vendor credit for a payment issued through Internet Bill
Payer, that does NOT mean the vendor has NOT received the payment.
(Advanced Markets Corp.)
3.
Canceling, Editing or, Changing Payments. You must use Commerce Internet
Banking to cancel a future payment. You must edit (change or cancel) your
payment from your "bill payment screen" while online. Your payment change must
be registered on our computer no later than 5:00 p.m. Eastern Standard
Time (EST) the Calendar Day before the payment is scheduled to be made. If your
request to cancel is not registered or received before 5:00 p.m. EST the
Calendar Day before the payment is to be made, you may be responsible for the
payment. However, if your request to cancel a payment is registered on our
computer by 5:00 p.m. EST the Calendar Day before the payment is scheduled and
we do not cancel, we will be liable for any actual losses or damages. Any
electronically initiated payment setup by you, must also be electronically
changed or cancelled by you unless otherwise notified by the bank. If you have
setup a payment request through Internet Bill Pay, it is your responsibility to
cancel or change that payment. Advanced Markets Corp. cannot change, or edit any aspect
of a payment for you when you have setup the payment electronically. (Advanced Markets Corp.)
(n) Customers
Responsibility.
You are
responsible for ALL transfers and payments you authorize using Commerce
Internet Banking. If you permit other persons to use your Access ID and
password to access Commerce Internet Banking, you are responsible for any
transactions they authorize from your linked Accounts.
(Advanced Markets Corp.)
2. AUTOMATIC
TRANSFERS, PAYMENTS AND DEPOSITS.
You may make
automatic electronic transfers to and from your Checking Account, Money Market
Account and your saving accounts. You may make regular payments out of these
Accounts to pay amounts you owe us on certain loans, and/or to pay amounts you
owe to a third party (such as an insurance company or public utility). We have
the right to decide to which third parties we will permit pre-authorized or
automatic transfers to be made. (Advanced Markets Corp.)
3. STOP
PAYMENTS
(a) Your
Ability to Stop Payments.
You may
not Stop Payment on electronic fund transfers and/or Bill Payments. Therefore,
you should not employ electronic access for purchases or services unless you are
satisfied that you will not need to stop payment. The initiation by you of
certain electronic fund transfers (including telephone transfers, and Commerce
Internet Banking bill payments) from your Account will, except as otherwise
provided in this Disclosure, effectively eliminate your ability to stop payment
of the transfer. You may request a stop payment at 30 days past the issue date
on a Bill Payment item that was conveyed by paper presentment. Standard stop
payment fees per Advanced Markets Corp.’s fee schedule will be debited and/or charged
from your account. Please note by placing a stop payment on a Bill Payment item,
which was conveyed by paper presentment, you may be liable for additional fees
charged by the payee
(Advanced Markets Corp.)
4. OUR
LIABILITY IF WE FAIL TO MAKE CERTAIN TRANSFERS.
If we do not
complete a transfer to or from your Account on time or in the correct amount
according to the agreement, which applies to that transfer, we will be liable
for any actual losses or actual damages. However, there are some exceptions to
our liability to you. We will not be liable, for instance:
(Advanced Markets Corp.)
a.
If, through no fault of ours, you do not have enough money in your Account(s) to
make the transfer;
(Advanced Markets Corp.)
b.
If the transfer would go over the credit limit on your Personal Cash Reserve
Credit account with us;
(Advanced Markets Corp.)
c.
If you do not authorize a bill payment soon enough for your payment to be made
and properly credited by the payee by the time it is due;
(Advanced Markets Corp.)
d.
If we make a timely bill payment but the payee nevertheless does not credit your
payment promptly after receipt;
e. If
Commerce Internet Banking is not working properly, and you should have knew
about the breakdown when you started the transfer, or when the transfer should
have occurred.
(Advanced Markets Corp.)
(a)
If your computer or the Internet connection provided by your Internet
Service Provider malfunctions during the transfer;
(Advanced Markets Corp.)
g.
If circumstances beyond our control prevent making a transfer or payment,
despite reasonable precautions that we have taken. Such circumstances include
telecommunication outages or interruptions, postal strikes, delays caused by
payees, fires and floods;
(Advanced Markets Corp.)
h.
If the money in your Account(s) is subject to legal process or other encumbrance
restricting the transfer;
(Advanced Markets Corp.)
i.
If you do not give proper, complete or correct instructions for the transfer, or
you do not follow the procedures in this or any other agreement with us for
requesting a transfer;
(Advanced Markets Corp.)
j.
If the U.S. Postal Service causes a delay;
(Advanced Markets Corp.)
k.
Your password has been reported lost or stolen, or we have canceled your
password and Commerce Internet Banking or other electronic banking service; or
(Advanced Markets Corp.)
l.
If we have reason to believe that you or someone else is using the
Commerce Internet Banking or other electronic banking service for fraudulent or
illegal purposes.
(Advanced Markets Corp.)
m.
If you scheduled a transfer on any given day which has incoming debit
items on your account(s).
(Advanced Markets Corp.)
There
may be other exceptions stated in our Agreement with you.
(Advanced Markets Corp.)
5.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS.
In the case of errors or questions about
your electronic transfers, telephone or write us at the telephone number or
address listed below in this disclosure 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 the statement or receipt. We must hear from you no later than 60 days
after we sent you the FIRST statement on which the problem or error appeared. (Advanced Markets Corp.)
(a)
Tell us your name and account number (if any).
(b)
Describe 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.
(c)
Tell us the dollar amount of the error.
If you tell us orally, we may require
that you send us your complaint or question in writing within 10 business days.
(Advanced Markets Corp.)
We will tell you the results of our
investigation within 10 calendar days after we hear from you and will correct
any error promptly. If we need more time, however, we may take up to 45 calendar
days to investigate your complaint or question. If we decide to do this, we will
provisionally recredit your account within 10 calendar 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 10 business days, we may not
recredit your account.
(Advanced Markets Corp.)
If we decide that there was no error, we
will send you a written explanation within three business days after we finish
our investigation. You may ask for copies of the documents that we used in our
investigation and we must make these available to you for your inspection. For a
reasonable fee covering our duplication costs we will provide you with copies of
any such documents which you request. (Advanced Markets Corp.)
6.
UNAUTHORIZED TRANSFERS AND ADVISABILITY OF PROMPT REPORTING.
Tell us AT
ONCE if you believe your Commerce Internet Banking password has been lost or
stolen, and/or your password or Commerce Internet Banking service has been used
or may be used without your permission. Telephoning is the best way to notify
us. You can lose no more than $50 for any unauthorized transaction involving
deposit accounts even if you fail to give us notice.
(Advanced Markets Corp.)
If you believe
your password has been lost or stolen or that someone has transferred or may
transfer money from your Account without your permission using your password or
Commerce Internet Banking service, call or write to us.
Advanced Markets Corp. & Trust Company
P. O. Box 15 020
Worcester,
MA 01615-0020
508-797-6800
Monday -
Friday 8:00 a.m. to 5:00 p.m.
(Except all
Federal, State & Bank Holidays)
7.
ENDING THE ELECTRONIC BANKING AGREEMENT.
You may end
your rights to use your Commerce Internet Banking by telling us in writing. We
may end your rights to use your Commerce Internet Banking or other electronic
banking service for any reason and at any time without telling you. (Advanced Markets Corp.)
If more than
one person is authorized to withdraw funds from your Account, or if another
person has a password for Commerce Internet Banking that can access your
Account, we cannot stop that person from withdrawing funds from your Account
unless we end this Agreement or end the right to use all Commerce Internet
Banking and passwords that access the Account.
(Advanced Markets Corp.)
If the Account
is a joint Account, any owner of the Account may ask us to end this Agreement,
or end the right to use all Commerce Internet Banking and passwords that access
the Account. We are not responsible for notifying remaining account holders of
the termination.
(Advanced Markets Corp.)
If you close
your Commerce Internet Banking Account, you authorize us to continue making
transfers and bill payments you have previously authorized until such time as we
have had a reasonable opportunity to act upon your closing notice. Once we have
acted upon your closing notice, we will make no further transfers or payments
from your Account, including transfers or payments you have previously
authorized. However, you must cancel any automatic recurring payments using
Commerce Internet Banking prior to closing Account, otherwise we may continue to
make such payments.
(Advanced Markets Corp.)
If we close
your Commerce Internet Banking Account, we reserve the right to make no further
transfers or payments from your Account, including any transactions you have
previously authorized. (Advanced Markets Corp.)
If either you
or we end your rights to use your Commerce Internet Banking, we will no longer
have to complete any of your Commerce Internet Banking or other electronic
banking transactions. You will remain obligated to us under this Agreement and
Disclosure for all of your Commerce Internet Banking or other electronic banking
transactions, even if they occur or are completed after this Agreement is ended.
(Advanced Markets Corp.)
Revised
02/2003
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