Updated/Effective date: September 19, 2023
PLEASE READ THIS DOCUMENT CAREFULLY.
This agreement contains a mandatory arbitration provision.
I. Our Agreement
This document (“Agreement”) governs your SKYVIEW 1 deposit account (“Account”), a high yield, interest-bearing account made available through a partnership between SKYVIEW 1 Inc. (“SKYVIEW 1”) and First InternetBank of Indiana (“First Internet Bank” or “Bank”), a member of the FederalDeposit Insurance Corporation (“FDIC”). SKYVIEW 1 is not a depository institution or a member of the FDIC. SKYVIEW 1 provides a wide range of services to facilitate the Account, but the Account and related services are provided by Bank, a state-chartered bank and member FDIC. The headings in theAgreement are for convenience or reference only and will not govern the interpretation of its provisions. Unless it would be inconsistent to do so, words and phrases used in the Agreement should be construed so the singular includes the plural and the plural includes the singular.
“We,” “our,” and “us”refer to the Bank and its successors, affiliates, or assignees. “You,” “your,”and “Member” refer to each owner of the Account, i.e., the natural person(s) with power to control the Account and/or held in his, her, or their own name(s). If there is more than one owner, then these words mean eachAccount owner separately, and all Account owners jointly. If there is more than one owner, the first natural person whose name appears will be considered the“Primary Member” and that person’s taxpayer identification number (“TIN”) will be used for interest reporting purposes.
You agree to be liable, and if a joint account, to be jointly and severally liable for any Account shortage, whether caused by you or another with access to the Account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your Account, as applicable. This also includes any action that you or a third party takes regarding the Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. For additional information about this topic, see Section VIII, Subsection K, “Legal process affecting the account”.
The Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of theAccount is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of thisAgreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the State of Delaware except to the extent governed by federal law.
Our business days are Monday through Friday, excluding federal holidays. Any references to days found in this Agreement are calendar days unless indicated otherwise.
II. AccountBasics
A. Whois eligible for SKYVIEW1 Account?
1. SKYVIEW 1 Accounts are available to citizens and permanent residents of the fifty (50) United States (“U.S.”) and theDistrict of Columbia who are (i) at least eighteen (18) years of age with a valid Social Security Number (SSN) and (ii) have a relationship with one of a group of select financial advisors (each a “Financial Advisor”).
2. Because you must agree to accept electronic, rather than paper statements: (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all Account communications (such as end-of-year tax forms and electronic statements). We use information obtained from third party service providers to help us verify your identity as we determine if we should open the Account.
B. AccountOpening and Information Verification
The Account may only be requested and opened through use of theSKYVIEW 1 mobile banking application (“Mobile App”). Through the Mobile App, you will be asked to provide the Account holder’s name, address, date of birth,SSN and other information that will allow us to identify and verify the Accountholder and beneficial owners thereof. This is consistent with Federal law, which requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. We may also ask to see the Account holder’s driver's license or other identifying documents.Account functionality will be limited until the Account holder has submitted, and we have reviewed and approved, all required information.
The classification and form of ownership of an Account is designated during Account setup. Bank will rely on this designation for all purposes concerning the Account. An Account will be classified as a consumerAccount if it is used for personal, family, or household purposes and is established by an individual person and not a business entity (a “ConsumerAccount”). You agree not to use a Consumer Account for any business purpose.Subject to Bank’s customer identification and beneficial ownership procedures, Bank may allow an Account to be opened for a business (including a corporation, limited liability company, limited partnership, or other similar legal entity)to be used for commercial purposes (each, a “Business Account”) through theMobile App. You may not use a Business Account for personal, family or household purposes. You will need to provide additional due diligence information for Bank to approve the establishment of a Business Account. You will provide responses acceptable in form and substance to Bank. You may designate the authorized persons to execute any documents and effectuate transactions in connection with a Business Account through the Mobile App. Bank will treat each designated person as authorized to transact on the Account until Bank receives appropriate notice that the authorized person does not have authority. Further, you agree to notify Bank of any change in your form of organization, change in the ownership of the equity interests therein, or changes in the authority of any person authorized to act with respect to a Business Account or any transactions relating to it.
Our policies may require additional information about eachMember or the Account when or after the Account is opened to ensure we comply with “Know Your Customer” requirements. We may restrict or close the Account if we are unable to obtain information in order to satisfy our “Know YourCustomer” requirements. By opening the Account with us, Member confirms thatMember is not covered by any sanctions program administered or enforced by theU.S. Department of the Treasury, Office of Foreign Asset Control.
C. Account titling, ownership, and designation of beneficiaries
The Account may be owned and titled in the name of one natural person or for a jointly owned Account, titled in the names of two or more natural persons who may exercise equal control over the Account. A Member may have more than one Account. Accounts can be opened individually or jointly. Accounts opened jointly may have up to 8 Members on the Account.
If you open a joint Account, we will treat all Members as joint tenants with right of survivorship unless (1) state laws governing the Account require other treatment or (2) we otherwise agree with you in writing that theAccount is owned in some other capacity.
Joint tenants with right of survivorship means: when one of the joint owners dies, the account is payable to the surviving joint owner, subject to our rights under the Agreement.
Regardless of the form of ownership, we will not maintain a separate record of each joint owner’s interest in the Account. We may act on instructions from any joint owner (or a joint owner’s agent) without another joint owner’s consent. These actions include instructions to withdraw or transfer funds, make payments, or close the Account.
The Account cannot be owned or titled: (1) as “Payable on Death” (POD); or (2) “In Trust For” (ITF). FDIC deposit insurance coverage of joint accounts is not increased by rearranging the owner names or Social Security numbers or changing the styling of the names. Alternating the use of“or,” “and,” or “and/or” to separate the names of the two owners in a joint account title does not affect the amount of insurance coverage.
If an Account owner dies, the FDIC insures the deceased person’s accounts as if the person were still alive for six (6) months after the death of the accountholder. During this grace period, the FDIC deposit insurance coverage of the owner’s accounts will not change unless the accounts are restructured by those authorized to do so. Also, the FDIC will not apply this grace period if it would result in less coverage.
Member should read more about FDIC deposit insurance at www.fdic.gov/deposit/deposits and/or consult an accounting, legal, or tax professional for all estate planning and asset management matters. Bank and SKYVIEW 1 do not provide such services.
D. Statements
Electronic statements for the Account are generated monthly and available to view and print through use of the Mobile App. Account statements are considered to be correct as of the last day of the statement cycle. Carefully review your statement each statement period and notify us of any errors within sixty (60) days of your statement becoming available. You may also obtain a written history of your transactions at any time by calling 1(866) 775-1926, or by writing to SKYVIEW 1 Member Services via email at support@1advisor.com. You will not automatically receive paper statements.
E. Disputes over Account funds
Bank may refuse to pay any funds from an Account until it is documented to Bank’s satisfaction that any dispute over deposits or funds (including, without limitation, any dispute over what persons are authorized to transact against the Account) has been resolved by a court or by agreement of the parties. Bank may file an action to join any court action with respect to any funds when Bank has been notified of disputed claims with respect to those funds. If any person asserts a dispute exists, Bank is not required to determine whether that dispute has merit in order to refuse to pay funds or interplead the funds. You agree to reimburse Bank for any expenses, including legal and attorneys’ fees that Bank or its agents incur because of any dispute.
F. JointAccount owner liability
All joint Account owners are each individually and jointly responsible for liabilities on the Account. For example, if there is a set-off or Legal Process (defined below in Section VIII, Subsection K, “Legal processes affecting the Account.”) affecting any joint owner, we have the right to treat all funds in the Account as belonging to the Member against whom the set-off or Legal Process is directed. If the Account is closed for unsatisfactory handling, we may report all joint owners to the consumer reporting agencies.
III. Use of the Account
A. Deposits and Withdrawals by Wire Transfer
1. General: Members submit domestic U.S. wire transfer requests by completing the Express delivery speed under the Pay &Send section available through the Mobile App. Wire transfer requests will not be accepted through any other medium. Incoming domestic U.S. wire transfers to the Account are processed by Bank. “Wire transfer” refers to the transfer of funds through the Fedwire® Funds Service of Federal Reserve Banks or other means. Wire transfer does not include transfers made through the AutomatedClearing House (“ACH”) system. A fee may be charged to the Account for both outgoing and incoming wire transfers. For information about the fees, see subparagraph8, below. Bank will not process outgoing or incoming international wire transfers. Incoming international wire transfers will be returned.
2. Verification of wire transfer requests. A wire transfer request will be processed only if the request complies with Bank’s security and verification procedures. Uponreceipt of a wire transfer request to an external account owned by Member,Member will be called at the mobile telephone number provided in the Mobile Appby a SKYVIEW 1 Member Service representative; be asked to confirm the wire transfer request and to provide Member’s identification verificationinformation; and to ensure compliance with laws and regulations then in effect, may be asked to provide specific details about the purpose of the requestedwire transfer. Upon receipt of the Member’s wire transfer request to an external account not owned by Member, both Member and the wire recipient(“Recipient”) may be called by a SKYVIEW 1 Member Service representative, asked to confirm the wire transfer request and to provide identification verificationinformation, and to ensure compliance with laws and regulations then in effect, may be asked to provide specific details about the purpose of the requested wire transfer. If the Member and/or Recipient, as applicable, cannot be reached, the wire transfer request may not be completed. When the Member is called, Bank may conclusively presume the person at the provided telephone number is the Member and Bank shall regard the person’s instructions as being authorized by Member. Member agrees to supply, upon request, any informationBank may reasonably request, including, but not limited to, further evidence of authority to make wire transfers. Member acknowledges neither Bank or SKYVIEW 1has an obligation to make repeated attempts to telephone the Member and/orRecipient, as applicable, for callback verification. Bank may reject any wire transfer request that cannot be verified as provided in this paragraph. Member will be notified by telephone of rejection of any wire transfer request by a SKYVIEW1 Member Service representative. Member agrees that any wire transfer request, or request for amendment to or cancellation of a wire transfer request, as described below, made pursuant to the Bank’s security and verification procedures, shall conclusively be deemed to be the Member’s instruction, whether or not Member authorized the same, and Member shall be required to payBank, and Bank is authorized to charge the Account, for any such wire transfer.
3. Adequacy of security and verification procedures. Member acknowledges Bank’s security and verification procedures will not detect error in the transmission or content of the wire transfer instruction, and agrees to be solely responsible for the discovery and identification of any error and to adviseBank of such error as described below. Member agrees Bank’s security and verification procedures as implemented by Bank from time to time, are commercially reasonable, and Member shall be bound by any wire transfer instruction issued in Member’s name and accepted by Bank in compliance with the procedures.
4. Wire transfer request procedures and accuracy. All wire transfer requests must conform toBank procedures, which may be amended by Bank from time to time. The procedures include the method for submitting wire transfer requests and cut-off times.Member understands accuracy of the account/routing/transit number associated with a financial institution (“FI”) and the account number of a Recipient ,i.e., the beneficiary, is critical. Member acknowledges and agrees that Bank and Recipient’s FI may rely solely upon the account/routing/transit number or similar identifying number Member provided in the wire transfer request to identify (a)the Recipient and (b) Recipient’s FI. Member shall be required to pay Bank, andBank is authorized to charge the Account, for any wire transfer made by Bank atMember’s request using such account/routing/transit number or similar identifying numbers, even if Member identified the Recipient or FI by name. If there is a discrepancy in Member’s wire transfer request between the name oft he Recipient or the FI and such Recipient’s account number or Recipient’s FI bank routing/transit or similarly identifying number, Bank will, and is authorized to make payment on the basis of such identifying number, even if it results in a Recipient or FI other than the one designated by the Member byname being paid.
5. Time of wire transfer request; sufficient funds available. Regardless of what time or day the Member submits a wire request via the Pay & Send section available through the Mobile App, the business hours of the Wire Transfer Department of Bank determine when wire transfer requests are processed. The business hours and processing cut-off times appear below. The business hours and cut-off times may be amended by Bank from time to time. Wire transfer requests received on anon-business day or after hours on a business day will be handled the next business day. Bank is not required to act on the day it receives a wire transfer request if the request is received after business hours or Bank cannot reasonably execute the wire transfer request within such business hours. Bank is authorized to use any means for the transmission of funds Bank considers suitable. Bank is not required to honor wire transfer requests, unless Member has or arranges to have in the Account a balance of actually and finally collected funds sufficient to cover the amount of the wire transfer and fees to be charged to the Account. If, because of circumstances beyond its control,Bank is delayed beyond the time limits appearing in this section of theAgreement or by law in acting upon a wire transfer request, the time for acting shall be extended for the time necessary to complete the action, if Bank exercises such diligence as circumstances require.
6. Handling of wire transfer requests, amendments, revocations and discrepancies. Member may ask Bank to amend or cancel any transfer or related instruction, subject to authentication using the procedures set forth above, and Bank will use its best efforts to comply with such request if the request is made at a time and in a manner that gives Bank a reasonable opportunity to act on the request before it makes the transfer or carries out the instruction as Member originally requested; provided, however, Member agrees Bank shall not be responsible and will have no liability for any loss resulting from any delay in handling or completing a wire transfer request, or for Bank’s inability for any reason to carry out a requested amendment or cancellation of a wire transfer request. If Member asksBank to recover funds Bank has already transferred in accordance with a wire transfer request, Bank may attempt to do so in its sole discretion, but Bank shall be under no obligation to seek recovery of any funds. If Bank grants a request to attempt to recover funds, Bank will take such action, as it deems reasonable under the circumstances, including, for example, sending a request to reverse the transfer to any FI that received such funds. In no event, however, shall Bank be deemed to have guaranteed or otherwise assured the recovery of any portion of the amount transferred, nor to have accepted responsibility for any amount transferred before Bank received and had time to act upon the request to amend or cancel the wire transfer request.
7. Duties of the Bank. The duties and responsibilities of the Bank with respect to wire transfers are specifically contained in this section of the Agreement. Bank shall exercise the same degree of care and discretion in acting upon an instruction for the wire transfer of funds as Bank would ordinarily take in the wire transfer of funds for its own account; PROVIDED,HOWEVER, BANK SHALL NOT BE LIABLE FOR ANY ERROR OF JUDGMENT OR FOR ANY ACTION TAKEN OR OMITTED TO BE TAKEN BY BANK EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Any claim for compensation by Member must be made in writing and received by Member Services at the address disclosed in this Agreement within a reasonable time, not exceeding fourteen (14) days from the date of the transaction on which the claim is based.
8. Fees and charges. A six dollar ($6.00) fee may be charged for each incoming wire transfer. A twenty- six dollar ($26.00) fee may be charged for each outgoing wire transfer request. Fees may also be assessed by the receiving and/or beneficiary financial institution(s) for a wire transfer returned for insufficient or incorrect information provided by the Member that prevented funds from being applied to the beneficiary account. The fee(s) may vary and will be deducted from the funds returned to Account by the FI(s) charging the fee(s).
9. Compliance with laws. By using wire transfer services, Member represents that Member is authorized under U.S. federal, state and local laws to conduct financial transactions with Bank and Member is not subject to sanctions by the U. S.Department of the Treasury, Office of Foreign Assets Control (OFAC). Bank enforces laws and regulations promulgated by OFAC and, in accordance with OFAC rules, Bank reserves the right to: (i)check the names of current and new Members against OFAC’s database, and (ii)block and/or reject transactions until Bank is satisfied that Member or any wire transfer recipient parties are not subject to OFAC sanctions.
10. Hours of operation and cut-off times. Bank’s Wire Transfer Department is open from8:30 AM ET to 5:00 PM ET, Monday through Friday. Outgoing wire transfer requests received before 3:00 PM ET will be processed the same business day iff unds are available and call back verification has been completed. Incoming wire transfers received between 8:30 AM ET and 5:00 PM ET are processed the same business day. Funds from incoming wire transfers are available the day the deposit is applied to the Account. Wire transfers are not processed on weekends or Federal Reserve holidays.
11. Limitations on transfers, amounts and frequency of transactions. Bank may amend, change, delete or add limitations to the wire transfer services atany time. Bank does not currently place dollar or frequency limits on incoming or outgoing wire transfers, but see the Funds Availability Policy for limitsplaced on new Accounts.
B. DepositRestrictions and No Overdrafts
1. Cash – We do not accept cash deposits.
2. Paper checks –We do not accept paper check deposits.
3. Mobile checks – We do not accept mobile check deposits.
4. Foreign currency – We do not accept deposits in foreign currency.
5. No overdrafts – You are not permitted to overdraw the Account. If the available balance in the Account is insufficient to cover any withdrawal or transfer, we can refuse to process the withdrawal or transfer. If the balance of the Account becomes negative for any reason, you must make a deposit immediately to cover the negative balance.
C. ElectronicFunds Transfer Disclosure and Special Terms and Conditions
Electronic fund transfer services described in this section (“EFTServices”) do not include wire transfers, which are not covered by ConsumerFinancial Protection Bureau Regulation E. See Section III, Subsection A, above for information about wire transfers.
1. These are some important terms we use to describe EFT Services:
“ACH Debit(s),” “automated debit(s),” or “automated payments”refer to payments authorized by you to be made from the Account by electronic means. For example, you may provide the 12-digit Account number and the Bank’sABA routing number to merchants and Internet service or other utility service providers for their use to make preauthorized direct debits from the Account.
“ACH Credits(s),”“automated credit(s),” or “direct deposit(s)” refer to deposits made to theAccount by electronic means. For example, you may provide the 12-digit Account number and the Bank’s ABA routing number to your employer or another payer, so they may initiate direct deposits to the Account.
“Transfer to” or“Transfer from” refers to the movement of funds between two Accounts which are both in the Member’s name through use of the Mobile App.
Note: The recipient’s name on any deposit we receive must match the name registered on theAccount. If the name does not match, the deposit will be returned to the originator. By authorizing ACHDebits, automated debits, or automated payments from the Account; online transfers to or from the Account; or by accepting ACH Credits, automated credits, or direct deposits to the Account, you agree to these terms and conditions and all applicable terms and conditions in the Agreement.
2. Types of available Electronic Funds Transfers
i. You may arrange with a party, such as your employer or a government agency, to electronically deposit funds on a one-time or recurring basis directly to the Account;
ii. You may authorize a party, such as a merchant, to receive one-time or recurring payment(s) directly from the Account subject to the established limitations on withdrawals and transfers;
iii. You may direct funds transfers from one Account to and from another Account in your name through use of the Mobile App;
iv. You may direct funds transfers to accounts you own at financial institutions other than Bank through use of the Mobile App.
3. Right to receive documentation of Electronic Funds Transfers
You will have access to an electronic monthly statement for the Account that can be viewed through the Mobile App. The monthly statement will list all electronic funds transfers made to or from the Account.
4. Your right to stop payment of Preauthorized Transfers and procedures for doing so
If you have scheduled regular payments out of the Account, you may stop these payments. Here's how:
Call us at 1 (866)775-1926 or message us in the Mobile App, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we will require you to put your request in writing, including evidence of the notice of revocation you provided to the merchant, and get it to us within fourteen (14) days after you call. If you fail to do this, we may not be able to stop future preauthorized payments from occurring.
Depending on the type of payment you wish to stop, we may, at our discretion, employ other operational steps to enable us to honor your request. You will be advised of any such steps when you contact us with your request.
5. Notice of varying amounts
If the recurring ACH transfers you make might vary in amount, the party you are going to pay should tell you the transfer date and the amount of the transfer ten (10) days before each payment is scheduled to take place. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set.)
6. Liability for failure to stop payment of a Preauthorized Transfer
If you order us to stop a preauthorized transfer three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
7. Limits for ACH Debit and ACH Credit transactionsCut-off time.
All ACH entries must be received by the Bank in proper NACHA format by 4:00 PMEastern Standard Time on the desired entry effective date. Failure to adhere to this cutoff time may result in the ACH entry not being processed until the nextBusiness Day. The entry effective date must be a Business Day or the file will be processed on the first Business Day following the selected entry effective date.
ACH Debit and ACH Credit limits.
Bank may amend, change, delete or add limitations to the EFT Services at any time. Current limitations are:
Transaction Type
Frequency and/or Dollar Limits
ACH Debit initiated by an external third party*Limited to the available Account balance
ACH Debit initiated through the Mobile App and credited to another bank account you own.
*3 times per calendar day.Up to $150,000.00 per calendar day, maximum of up to$150,000.00 per calendar month
ACH Credit initiated from an external financial institution*No limit to the number of times per calendar day or calendar month.
No maximum dollar limit.
ACH Credit from an external financial institution to the Account initiated using the Mobile App†
*No limit to the number of times per day or calendar month.
Up to $150,000.00 per calendar day, maximum of up to$150,000.00 per calendar month
*It may take up to five (5) business days to process inbound ACH transfers. Funds will not be available until the transfer has been processed.
Acceptance of ACH transfers may vary by financial institution. To determine if restrictions apply, contact the financial institution to which you want to send funds before initiating the ACH transfer.
† The names of the originator and the receiver on any ACH transfer must match and match the name of the owner of the Account. Any ACH transfer received for which either the names of the originator and the receiver do not match or do not match the name of the owner of the Account will be returned to the originator.
8. Your liability for unauthorized transfers
Contact us at once if you believe your Account number or access credentials have been stolen.Telephoning your SKYVIEW 1 Member Services representative is the best way to minimize your possible losses. If your Account number or access credentials have been lost or stolen, or someone has transferred or may transfer money from the Account without your permission, call 1 (866) 775-1926.
If you do not notify us within two (2) business days after you learn of the loss or theft of your access device or login credentials and we can prove that we could have stopped someone from using the Account without your permission if you had promptly notified us, you could lose as much as $500.00.
If your statement shows transactions that you did not make, notify us at once following the procedures shown below in Subsection 10, “Information about your right to dispute errors.” If you do not notify us within sixty(60) days after the statement was made available to you, you may not get back any of the value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking value if you had notified 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. If your Account number has been lost or stolen, we will close the Account to keep losses down and send you are placement Account number.
9. Our liability for failure to complete transactions
If we do not properly complete a transaction from your Account on time or in the correct amount
according to this Agreement, we will be liable for your losses or damages.However, there are some exceptions. We will not be liable, for instance:
i. If through no fault of ours, you do not have enough funds available in the Account to complete the transaction;
ii. If a merchant refuses to accept the Account number;
iii. If access to the Account has been blocked after
you reported the Account number has been lost or stolen;If there is a hold or your funds are subject to legal
or administrative process or other encumbrance restricting their use;
iv. If we have reason to believe the requested transaction is unauthorized;If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
v. Any other exception stated in this Agreement.
10. Information about your right to dispute errors
Pleaserefer to the Error Resolution Notice available at https://1advisor.com/error-resolution-noticein case of any errors or questions about your Electronic Funds Transfers.
11. Backup withholding
Federal law requires us to have a correct Social Security Number (SSN) for every Account, and theInternal Revenue Service (“IRS”) requires you to certify to us whether you are subject to backup withholding. If you are subject to backup withholding, you do not furnish us with the correct SSN, you do not properly certify that you are not subject to backup withholding, or if the IRS notifies us that we do not have a correct SSN for the Account, we may close the Account. Amounts withheld are reported to the IRS as federal income tax withheld, and will be reflected on your year-end 1099-INT Interest Income Statement. You will not be eligible to request a new Account until ninety (90) days after the date of closure.
12. TIN Certification
By opening the Account, you certify under the penalties of perjury that:
i. You have provided your correct U.S. taxpayer identification number (or you are waiting for a number to be issued to you);and
ii. You are not subject to backup withholding because (a) You are exempt from backup withholding or (b) you have not been notified by the IRS that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding; and
iii. You are a U.S. citizen (or U.S. resident alien); and
iv. You are exempt from Foreign Account Tax Compliance Act (FATCA) reporting.If you are subject to backup withholding, you will not be able to open an Account.
13. Preauthorized transfers
The 12-digit Account number and the Bank’s ABA routing number can be used for ACH Debits by merchants, Internet service or other utility service providers (“Merchants”)and for the purpose of initiating ACH Credits to the Account. These transfers will be processed under the Operating Rules of the National Automated ClearingHouse Association (“Nacha”) and you agree to comply with Nacha rules.
IMPORTANT: If the 12-digit Deposit Account number changes you must immediately notify the Merchants. You must provide them with the new 12-digit Deposit Account number to ensure that the ACH Debit activity continues uninterrupted.
14. Restricted Uses.You may not use theAccount for any illegal transactions or activity, including those activities prohibited by the Unlawful Internet Gambling Enforcement Act and FederalReserve Regulation GG and activities relating to the cultivation and sale of products such as marijuana prohibited by the Controlled Substances Act.
IV. BankSweep Program
A. Introduction to the Bank Sweep Program
Bank partners with ICS®, the IntraFi Cash Service of IntraFiNetwork LLC (“IntraFi”) and other banks and networks (collectively, the “SweepPartners”) to arrange deposits of an electing Member’s total available Account into interest-bearing deposit accounts (each a “Sweep Deposit Account”) at one(1) or more FDIC-member depository institutions (each a “Sweep Bank”) in order to offer the Member the ability to maximize Federal Deposit InsuranceCorporation (FDIC) deposit insurance coverage up to $125 million, subject to applicable limitations (“Bank Sweep Program”). Bank may require Member to consent to one or more deposit placement and/or custodial agreements required in connection with the Bank Sweep Program.
Funds in the Sweep Deposit Account at each Sweep Bank are eligible for FDIC deposit insurance. For purposes of determining the deposit insurance limit, you must aggregate all other deposits you hold in the same ownership category at each Sweep Bank.
The roster of Sweep Banks appears on a Bank Sweep List (“List”).The List applicable to you, as well as the amount of funds in the Sweep DepositAccount at each Sweep Bank are accessible through IntraFi’s Depositor ControlPanel located at https://www.depositorcontrol.comor the Mobile App or by calling Member Services. You can access the DepositorControl Panel by registering with your TIN at https://www.depositorcontrol.com.
B. First Internet Bank as Custodian
Bank acts as the Member’s agent and custodian in establishing and maintaining Sweep Deposit Accounts at Sweep Banks. Sweep Deposit Accounts are obligations of the Sweep Banks and not Bank, but the Member will not have direct relationships with Sweep Banks. All deposits and withdrawals will be made by the Bank on behalf of the Member. The Member may obtain Information about Sweep Deposit Accounts from Bank, not the Sweep Banks.
C. Operation of Bank Sweep ProgramOn behalf of the Member, Bank may deposit funds in each SweepBank appearing on the List. If the Member’s funds available for deposit exceed the FDIC insurance limit for Sweep Deposit Accounts at a Sweep Bank on theList, excess funds will be deposited to a different Sweep Bank on the List. If the Member still has excess funds, those funds will be deposited to yet anotherSweep Bank on the List. This process continues through all Sweep Banks on theList, providing combined FDIC deposit insurance coverage up to $125 million per TIN subject to applicable limitations.
The Member should consult with an accounting, legal, or tax professional if contemplating depositing funds to a Sweep Bank.
D. Changes to the List
The List may change at any time. We will provide advance notice of any change. For example, one or more of the Sweep Banks included on the List may be replaced with a Sweep Bank not previously included on the List; a SweepBank may be added to or deleted from the List; or the order of Sweep Banks on the List may change. Changes to the List may require the Member to designate aSweep Bank as ineligible to receive funds, e.g.,if a Sweep Bank is removed from the List, your funds will be transferred to anotherSweep Bank on the List. Each Member’s List is accessible through the Mobile App, by calling Member Services or through IntraFi’s Depositor Control Panel.
E. Opting out of a Sweep Bank
The Member may at any time designate a Sweep Bank as ineligible to receive funds. This will result in the Member’s funds being deposited at anotherSweep Bank on the List. An alternative Sweep Bank may also be provided. To declare a Sweep Bank ineligible at any time, call Member Services at866-432-7689 or visit IntraFi’s Depositor Control Panel.
F. Member’s responsibility to monitor balances
The value of any deposits (including certificates of deposit)maintained by a Member directly with a Sweep Bank will be aggregated with funds in the Sweep Deposit Accounts at the Sweep Bank for purposes of determining theFDIC deposit insurance limit. EachMember is responsible for monitoring the total amount of deposits Member (or if a jointly owned Account, Members) has with each Sweep Bank in order to determine the extent of available FDIC insurance coverage. You can obtainpublicly available financial information on Sweep Banks from the NationalInformation Center of the Federal Reserve System at https://www.ffiec.gov/NPW.
G. Interest and fees
1. The interest rates paid with respect to theSweep Deposit Account at each Sweep Bank may be higher or lower than the interest rates available to depositors making deposits directly with the SweepBank or other depository institutions in comparable accounts. You should compare the terms, interest rates, required minimum amounts, and other features of the other accounts and/or alternative investments with those of the Sweep Deposit Account.
2. Each Sweep Bank may pay IntraFi or Bank a fee equal to a percentage of your balance in the Sweep Deposit Account at the Sweep Bank. The fee may vary from Sweep Bank to Sweep Bank. The amount of the fee may affect the interest rate paid by the Sweep Bank on your funds in the Account. In addition, SKYVIEW 1, your Financial Advisor, and service providers may receive a portion of the fee paid by the Sweep Bank.
V. Truth in Savings Disclosures
Please see the Truth in Savings Disclosure available at https://1advisor.com/truth-in-savingsfor important information about the current interest rates, annual percentage yield, transaction limits and fees associated with the Account. There is no minimum balance requirement for the Account.
VI. FundsAvailability Policy
See the Bank’s FundsAvailability Disclosure, which may be updated from time to time, for information on when you can access funds deposited to your Account.
VII. Fee Schedule
All fee amounts will be withdrawn from the Account and will be assessed as long as there is a remaining balance in the Account, except where prohibited by law. Any time the remaining balance(s) in the Account are less than the fee amount being assessed, the entire fee amount will be applied to the balance of the Account: this may bring the Account balance negative and may also mean that part of the fee amount remains unpaid. If the Account balance is negative, or there is a fee amount that is unpaid (referred to as a “Pended Fee Amount”) this means any subsequent deposits made to the Account are applied first to any negative balance, and then applied to the Pended Fee Amount. This also means the Account balance available to use for new transactions may be less than the deposit made to the Account.Bank may add, change, delete or revise fees associated with the Account. Current fees are:
Fee Type
Monthly Account Maintenance Fee. $23.00 (This fee is assessed on the first of each calendar month when the Account is funded in an amount greater than or equal to $23.00).
Wire – Incoming Fee$6.00 (per transaction)
Wire – Outgoing Fee$26.00 (per transaction)
VIII. Miscellaneous and Arbitration
A. Member services
For Member service assistance or additional information regarding the Account, do not contact your Financial Advisor. Please contacty our SKYVIEW 1 Member Service Representative:
support@1advisor.com
1 (866) 775-1926
Member Service representatives are available to answer your calls:Monday through Friday, 9:00a.m. to 6:00 p.m. ET
(excluding January 1, Memorial Day, July 4, Labor Day, Thanksgiving Day, andDecember 25).
Please note: your Financial Advisor is not able to take action on your Account.
B. Member contact information
It is each Member’s responsibility to promptly notify the Bank of any email address, physical address or telephone contact number updates related to the Account.
C. Telephone monitoring/recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our Member Services team or as required by applicable law or regulation.
D. No warranty regarding goods or services as applicable
We are not responsible for the quality, safety, legality, orany other aspect of any goods or services you purchase using the Account.
E. TaxInformation
In general, interest earned from the Account will be taxed as ordinary income in the year it is received. An IRS Form 1099-INT will be sent each year showing the amount of interest income the Account earned.Consult with an accounting, tax, or investment professional.The Bank and SKYVIEW 1 do not provide such services.
F. Death or incapacitation
You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated. We will continue to accept deposits and process transaction instructions into and from the Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death we may pay or process transactions on theAccount initiated on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in theAccount. We may require additional documentation to confirm any claims made on the Account. We reserve the right to require U.S. court documents for Members at time of incompetence or death.
G. Power of Attorney
You may give another person authority to make transactions on the Account by giving power of attorney to another individual. The Account owner and person executing power of attorney over a deposit account is known as the "Principal." The person(s) granted Power of Attorney for thePrincipal is (are) known as the "Agent(s)." We may refuse to accept a power of attorney designation for reasonable cause, and we may require theAgent(s) to sign an affidavit stating that the power of attorney presented to us is a true copy and that, to the best of each Agent’s knowledge, thePrincipal continues to be alive and competent and that the relevant powers oft he Agent(s) have not been amended or terminated. The Principal is responsible for providing us with any information if an affidavit presented to us is untrue or misleading or if the Agent(s) exceeds the authority granted by the Principal in the power of attorney designation document. The Agent(s) is (are) required to notify us in writing if the Principal dies or is declared incompetent. The power of attorney will continue in force until a) we receive written revocation from the Principal; b) we receive written notification of the Principal’s death, or c) we receive written notification of the death or incapacity of theAgent(s).
H. Our relationship with you
This Agreement and the deposit relationship do not create a fiduciary relationship.
I. PrivacyPolicy
The Bank’s privacy policy (“Privacy Policy”) is available on the Mobile App and is considered part of this Agreement.
J. Confidentiality
We may disclose information to third parties about the Account, including the transactions you make:
1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of theAccount for a third party, such as a merchant;
3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
4. If you consent by giving us your written permission;
5. As needed, to our employees, auditors, affiliates, service providers, or attorneys; or
6. Otherwise as necessary to fulfill our obligations under this Agreement.
K. Legal processes affecting the Account
If legal action such as a garnishment, levy or other state of federal legal process (“Legal Process”) is brought against your Account, we may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, we have first claim to any and all funds in your Account. We will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as we determine to be appropriate in the circumstances without liability to you, even if any funds we may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to any LegalProcess on your Account. We may charge these expenses to your Account. You will indemnify us for any losses if we do this.
L. Amendment and cancellation of the Agreement and/or the Account.
We may amend, add to, delete or otherwise change the terms and conditions of this Agreement and any other agreement associated with theAccount at any time by posting the amended Agreement on the Mobile App, and any such amendment shall be effective upon such posting. The current Agreement is available on the Mobile App.
You will be notified of material changes in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend the Account or this Agreement at anytime. You may cancel this Agreement by calling 1 (866) 775-1926 to close theAccount. Your termination of the Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
If the Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you by check sent tot he mailing address we have in your Account records. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow fourteen (14) days for processing and mailing of the refund check. In the event the SKYVIEW 1 program is cancelled, closed, or terminated, we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining balance in the Account will be in the notice. If the Account is closed prior to the end of the statement cycle, any accrued interest earned for that statement cycle will be forfeited.
M. Force majeure.
No party to this Agreement will be deemed to be in default of any of its obligations if its performance is delayed, hindered, or becomes impossible because of any act of God or of any public enemy, hostilities, war(declared or undeclared), guerilla or terrorist activities, act of sabotage, blockade, earthquake, flood, landslide, avalanche, tremor, ground movement, hurricane, storm, explosion, fire, labor disturbance, riot, insurrection, strike, sickness, accident, civil commotion, epidemic, act of government or its agencies or officers, power interruption or transmission failure, or any cause beyond the control of either party.
N. Release and indemnification of Bank.
Member agrees to release and indemnify and hold harmless Bank, its directors, officers, employees and agents (“Indemnitees”) from all claims, causes of action, damages, demands, judgments and expenses (including their attorneys’ fees), liabilities and other losses of any kind incurred by or asserted against such Indemnitee in any way resulting from, relating to or arising out of the services provided in this Agreement, the provision of invalid or inaccurate data by Member, or any acts or omissions of Member or any third party or otherwise, except to the extent that such claims, causes of action, damages, demand, judgments and expenses, liabilities or other losses are the result of Bank’s gross negligence or willful misconduct. Member acknowledges this release and indemnification shall survive the termination of theAgreement.
O. Account dormancy and escheatment.
An Account that is inactive for a period of time may be considered dormant and is subject to escheatment. Each state has varying law sas to when an account is subject to escheatment and we may be required to send the balance in your Account to the state of your last known address. We will make all reasonable efforts to contact you before transferring the remaining balance of the Account to the applicable state.
P. Waiver.
Bank may waive any of its rights or your obligations under thisAgreement in a particular situation. Bank is not obligated to do so, and Bank may choose not to do so even if Bank has done so before. Bank’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bank. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
Q. CreditVerification and Reporting.
You authorize Bank and SKYVIEW 1 to gather credit andemployment information by any necessary means, including by requesting a creditreport from a credit reporting agency. You may contact us and request to beinformed whether a consumer credit report about you was requested, and we willtell you the name and address of the credit reporting agency that furnished anyreport. We may use information from a credit report to review your Account orfor any other legitimate business purpose.
Bank may also report information about your Account to a creditrporting agency, including information about an involuntary closure because ofan unpaid negative balance or any other reason. This, or any other default, maybe reflected in your credit report.
R. Arbitration.
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) thisAgreement; ii) the Account; iii) your acquisition of the Account; iv) your use of the Account; v) the amount of available funds spent, deposited, or transferred to the Account; vi) advertisements, promotions, or oral or written statements related to the Account, as well as goods or services purchased with the Deposit Account; vii) the benefits and services related to the Account; or viii) transactions made using the Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association(“AAA”) in accordance with its applicable rules and procedures for consumer disputes, unless your Account is held in the name of a business entity, in which case the applicable rules and procedures for commercial disputes will be applied (in either case, as applicable, the "Rules"), whether suchClaims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at www.adr.org. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER IN A CLASS ACTION LAWSUIT, OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION. YOU SHALL NOT BE ALLOWED TO JOIN OR CONSOLIDATE ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv)closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE ACCOUNT. CALL 1 (866)775-1926 TO CLOSE THE ACCOUNT AND REQUEST RETURN OF YOUR FUNDS.
This Agreement is effective September 19, 2023.