CIBC Bank USA Smart Account Agreement and Disclosures

Consumer Deposit Account Agreement, Deposit Account Disclosures, Fee Schedule for Consumer
Accounts, Funds Availability Disclosure, Branch Locations, and US Privacy Notice

Welcome to CIBC Bank USA

CIBC Bank USA offers personal banking solutions to meet your everyday banking needs. Whether meeting
your checking, savings, mortgage or personal lending needs, we strive to build trusting and enduring
relationships by putting you at the center of all we do.
This Consumer Deposit Account Agreement, Deposit Account Disclosures, Fee Schedule for Consumer
Accounts, Funds Availability Disclosure, and US Privacy Notice, and if you are a Canadian resident, the CIBC
Canadian Privacy Policy (collectively “Disclosures”) provide you with the terms and conditions for your
CIBC Bank USA Smart Account. Our US Privacy Notice is also made available as a link from the online
account application screens as part of the account opening process and the CIBC Canadian Privacy Policy is
available on CIBC.com. Please review this document carefully and retain it in a safe place for future
reference. We thank you for banking with CIBC Bank USA and we look forward to building our relationship
with you.

Deposit Account Agreement

Consumer Deposit Account Agreement for CIBC Bank USA Smart Account

Effective April 2023

Introduction
By signing an account signature card or agreeing to the terms and conditions of an account through an
online or electronic account application, making a deposit to or using an account (“Account”) at CIBC Bank
USA (“Bank”), or keeping an Account open, you agree that your Accounts with us are governed by these
terms and conditions (the “Account Agreement”), the terms and conditions provided in the signature card
or online account application for each Account, and applicable Disclosures, as they may be amended. This
Account Agreement applies to all consumer deposit Accounts.
These provisions apply to you, your heirs, or any party acting on your behalf or that acquires an interest in
your Account.
Consumer Accounts are Accounts established primarily for personal, family or household purposes. These
Accounts may not be used for business purposes. We may close your consumer Account or transfer the
funds to a commercial Account if it is used for business purposes.
The words “Bank”, “we,” “our,” and “us” as used in this Account Agreement, mean CIBC Bank USA and the
words “you” and “your” mean the Account holder(s) and anyone else who has the authority to deposit,
withdraw, or exercise control over the funds in the Account. Other terms that are used in this Account
Agreement are defined throughout the Account Agreement or in the Definitions section. Section headings

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are for convenience only and do not affect the meaning of the sections. Where it makes sense, words that
are singular, such as Account, also apply where there is more than one (for example, Accounts) and plural
terms also include the singular.

The CIBC logo is a registered trademark of CIBC.

Definitions
The following terms have the meanings stated below when used in this Account Agreement:

• ACH means the United States Automated Clearing House Network.

• Affiliate means any entity that controls, is controlled by, or is under common control with the Bank,
whether directly or indirectly.
• Applicable Law means applicable United States federal (“Federal”) law and Illinois law (when it is not
superseded by Federal law), and applicable rules and regulations, including but not limited to, those
issued by the Board of Governors of the Federal Reserve System (“Federal Reserve”) and other Federal
banking regulators, the State of Illinois, and applicable clearinghouse and card association rules. State
(“State”) as used in this Account Agreement refers to a state in the United States. Where State law
supersedes Federal or Illinois law, the laws of the State where your Account is maintained will govern.
Your Account is maintained at the branch where it was opened, unless we notify you otherwise. If you
opened your Account by mail, Internet or other remote means, your Account is maintained at the
branch in the State where you live if we have a branch in that State. If we do not have a branch in
that State or you do not live in the United States, your Account is maintained in Illinois.
• Business Day means Monday through Friday, excluding Federal holidays, even though we may be open
on a Saturday or Sunday. Transactions on Saturday, Sunday and Federal holidays are posted on the
next Business Day.
• Check means check, draft, electronic image, or other negotiable instrument, including substitute
checks, deposited to or debited from your Account.
• Good Standing means your Account has not been overdrawn more than 6 times in a 6 month
period if you do not have an overdraft line of protection. If you have an overdraft line of
protection, your overdraft line of protection is not at its limit on the day we determine if your
Account is in Good Standing. Item means any transaction posted to your Account, including
Checks, in-person withdrawals or transfers, ATM transactions, credit or debit card transactions,
preauthorized electronic funds transactions, ACH entries, or any other credits or debits to your
Account.
• Item means any transaction posted to your Account, including Checks, in-person withdrawals or
transfers, ATM transactions, credit or debit card transactions, preauthorized electronic funds
transactions, ACH entries, or any other credits or debits to your Account.
• Losses means any loss, cost, liability, claim, damage or expense (including reasonable attorneys’ fees
and court costs).
• New Deposit Account means a deposit account that has not been open for longer than 90 calendar days.
This definition is applicable only to external transfers as outlined within this Account Agreement.
• Overdraft means a negative balance in your account that results when the available funds in your
account are less than the amount of any Item(s) that are presented for payment and paid by the Bank.

Agreement to Arbitrate

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Please read this agreement to arbitrate carefully. Unless you opt out of this agreement to arbitrate,
you and we are agreeing to binding arbitration, waiving the right to have our claim or dispute litigated
in any court, except small claims court, waiving any rights to a jury trial and waiving any right to bring
or participate in any class or other representative action. Your right to opt out of this agreement to
arbitrate is described below.

Claims or Disputes Subject to Arbitration

This agreement to arbitrate applies to all claims or disputes (collectively “Claims”) between you and us
related to your Account. This includes, but is not limited to, transactions, any related product or service,
this Account Agreement, any prior deposit account agreement with us, any disclosures, or advertising
regarding your Account. This agreement to arbitrate applies regardless of the legal theory the Claims are
based on or whether they arose in the past, may currently exist, or arise in the future. If a third party is
also involved in a Claim between you and us, then the third party’s Claim will also be decided in
arbitration, and the third party must be named as a party as required under the rules for the arbitration.
The arbitrator will decide all issues, including the arbitrability of Claims or the scope, and enforceability
of this agreement to arbitrate, the interpretation of the prohibition of class and representative actions,
and non-individualized relief.
Any Claim that the Bank or you filed individually in a small claims court to recover an amount less than
$5,000 is not subject to this agreement to arbitrate if the Claim remains in the small claims court’s
jurisdiction and proceeds on an individual basis.

Arbitration Process
The party filing an arbitration claim must select either JAMS or the American Arbitration Association
(“AAA”) as the arbitrator. That organization will apply its rules of procedure in effect at the time the
arbitration claim is filed. If you initiate the arbitration, you must notify us in writing at CIBC Bank USA,
120 South LaSalle Street, Chicago, Illinois 60603, Attention: Legal Department/Legal Process.
If we initiate the arbitration, we will notify you in writing at your last known address. You can obtain the
arbitration rules and additional information about initiating arbitration by contacting the following
arbitration organizations:
American Arbitration Association
1-800-778-7879 (toll-free)
Website: www.adr.org
JAMS
1-800-352-5267 (toll-free)
Website: www.jamsadr.com
If there is a conflict between the rules of procedures and this agreement to arbitrate or the Account
Agreement, this agreement to arbitrate and the Account Agreement will control. If JAMS or the AAA is
unable to handle the Claim for any reason, then the Claim will be arbitrated by a neutral arbitrator
selected by agreement of the parties pursuant to the AAA rules of procedure. If the parties cannot agree
on an arbitrator, one will be selected by a court in accordance with the Federal Arbitration Act (the
“FAA”).
A single arbitrator will conduct the arbitration and will use applicable substantive law, including the
Uniform Commercial Code, consistent with the FAA and the applicable statutes of limitations or conditions
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precedent to suit, and will honor claims of privilege recognized at law. The arbitrator will have the power
to award to a party any damages or other relief provided under applicable law.
Neither you nor we may disclose the existence, content or results of any arbitration except as required by
Applicable Law, as necessary for judicial review or as we may be required in the ordinary course of our
business.

The arbitrator’s decision will be final and binding on the parties. A party can file a written appeal to the
arbitration administrator within 30 days after the award is issued. The appeal must request a new
arbitration in front of three neutral arbitrators designated by the same arbitration administrator. Any
final arbitration award will be binding on the parties and enforceable by any court with jurisdiction.

Costs and Expenses

The party initiating the arbitration will pay the initial filing fee. All other fees and costs will be allocated
in accordance with the rules of the arbitration forum. However, we will advance or reimburse filing and
other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for
requiring us to do so, or if you ask us and we determine there is good reason to do so.

No Class Actions and Representative Procedures

You and we agree not to: (i) seek to proceed on any claim in arbitration as a class claim or class action
or other comparable representative proceeding; (ii) seek to consolidate in arbitration any claims
involving separate claimants (except for claimants who are on the same account), unless all parties
agree; (iii) be part of, or be represented in, any class action or other representative action brought by
anyone else; nor (iv) seek any award or remedy in arbitration against or on behalf of anyone who is not
a named party to the arbitration. If these terms regarding class or representative procedures are
legally unenforceable for any reason with respect to a claim, then this agreement to arbitrate will not
apply to that claim.

Governing Law, Severability, and Amendments to this Agreement

You and we agree that our relationship includes transactions involving interstate commerce and that these
arbitration provisions are governed by, and enforceable under, the FAA. To the extent State law is
applicable, Applicable Law governs this agreement to arbitrate.
This agreement to arbitrate shall survive: (i) termination or changes to your Account or any related
products and services we provide; (ii) the bankruptcy of any party; and (iii) the transfer or assignment of
your Account, or any related products or services we provide.
No provision of this agreement to arbitrate may be amended (except notice information), severed or
waived without a written agreement between you and us. If we had written notice of a Claim prior to the
effective date of an amendment, the amendment will not apply to that Claim.

Opt Out Procedures

You have the right to opt out of this agreement to arbitrate if you tell us within 60 days of opening your
account (or within 60 days of the effective date of this agreement to arbitrate, if your account was
already open). If you want to opt out, write to us at Client Support Center, CIBC Bank USA, 6825 West
111th Street, Worth, Illinois 60482.
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The opt out notice must include your name, address and the Account number(s) to which the opt out
applies. If you opt out of this agreement to arbitrate, all other parts of your Account Agreement continue
to apply.

General Terms
Consumer Deposit Accounts
The Bank offers a variety of checking, money market, savings, and certificate of deposit (also called
certificates or CDs) Accounts. Detailed terms of your Accounts are included in the Deposit Account
Disclosures included in this document. If you open a certificate of deposit Account, additional information
is included on the confirmation for your certificate of deposit. We recommend that you print and retain
this page for your records. Account fees are stated in the Deposit Account Disclosures for your Account
and other charges are listed in the Fee Schedule for Consumer Accounts. The Deposit Account Disclosures
and Fee Schedule for Consumer Accounts are included as part of this document.

Declining Requests to Open an Account and for Account Funding

You agree that we may decline to open an Account for you for any reason as required or permitted by
Applicable Law. Further, you agree that we may decline to accept any funding source for your Account.

Restricting Your Account

You agree that we may prevent or decline transactions to or from your Account, including, but not limited to,
disabling certain types of deposit capabilities, preventing transfers into or out of your Account, freezing your
Account, or placing a hold on all or part of the funds in your Account. We may prevent or decline transactions
for any reason required or permitted by Applicable Laws, including but not limited to:
• Your Account is involved in a Legal Action (see the Legal Actions or Claims Affecting Your
Account section for more information);
• We suspect that you may be a victim of a fraud, scam, or financial exploitation, even if you have
authorized the transaction;
• We suspect that any transaction may involve illegal activity or may be fraudulent;
• We believe that we are taking action to comply with Applicable Law or any law that we reasonably
believe may apply to your Account; or
• We believe it is necessary to avoid Losses or reduce risk to us.

We may restrict your Account capabilities permanently or on a temporary basis and we may take such action
without advance notification to you, as permitted by Applicable Law.

Checking Account Sub-Accounts

The Bank may create two sub-accounts for checking Accounts: a transaction sub-account and a non-
transaction sub-account. Except as stated in this section, all of the provisions of this Account Agreement
and the Deposit Account Disclosures still apply to your checking Account. If your checking Account earns
interest, the same interest rate will apply to both sub-accounts. If your checking Account does not earn
interest, no interest will be paid on either sub-account.

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The Bank will transfer funds in the transaction sub-account to the non-transaction sub-account when
these funds are not needed to pay checks, debits, or other Items drawn on your checking Account. We
may establish a maximum balance for the transaction sub-account and transfer any funds that exceed that
amount to the non-transaction sub- account. We may periodically reallocate the balances between the
sub- accounts to make funds available in your checking Account to pay checks, debits and other Items
drawn on your checking Account. Only the Bank can access the non-transaction sub-account. These
transfers will be the only transactions on the non-transaction sub-account.
Only six transfers per statement cycle period are permitted from the non-transaction sub-account. When a
sixth transfer is made from the non-transaction sub-account during a statement cycle period, all of the
funds in the non-transaction sub-account will be transferred to the transaction sub-account.

Account Ownership
CIBC Bank USA Smart Accounts must be owned in the name of one or more natural persons, either individual or
as a joint tenancy with right of survivorship.
Accounts cannot be owned by a trust, or established as a fiduciary or custodial account. Authorized signers
cannot be designated for the Accounts except due to death or incompetency of an Account owner or otherwise
required by law.
Individual Accounts
An individual Account is owned by one person who holds the Account primarily for personal, family or
household purposes. Unless there is specific written authorization approved by the Bank, only the person
signing the signature card may withdraw funds from the Account or conduct any other Account
transactions with the Bank. If the Account holder dies, the balance in the Account belongs to his or her
estate. We require appropriate documentation before we release any funds to an estate.
Joint Tenancy Accounts
An Account with more than one Account holder will be established as a joint tenancy with right of
survivorship under Applicable Law. (Right of survivorship is not applicable if an account holder is a Quebec
resident at time of death.) Any funds deposited to the Account by any Account holder are considered
owned by all of the joint tenants, with the right of survivorship, and not as tenants in common. The Bank
may act upon the written direction of any one Account holder and may pay funds to any Account holder.
Each Account holder may make deposits and withdraw from the Account. Any action by any Account
holder shall be binding upon all Account holders. Each Account holder agrees to release the Bank from all
liability in connection with any payments the Bank makes to any joint tenant. If a joint tenant dies, the
balance in the Account passes to the remaining joint Account holders as joint tenants with right of
survivorship.

People Permitted to Transact on an Account

Power of Attorney
At our discretion, we may permit a duly appointed agent under a power of attorney document to transact
on your behalf on your Account in accordance with Applicable Law after the Account is opened. The
power of attorney document must be acceptable to us. We may continue to honor the transactions of the
agent until we receive, and have a reasonable opportunity to act on, written notice or actual knowledge
of the termination of the agent’s authority or the death of the Account holder. We are not responsible for
any loss or damage you may incur because we followed instructions of an agent acting under a power of
attorney.

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Death or Incompetence
You must notify us immediately if any person who is authorized to conduct transactions on your Account
dies or becomes legally incompetent. We may continue to honor Checks, Items, and instructions on the
Account until we have knowledge of the death or incompetent status and have a reasonable opportunity
to act on that information. We may place a hold on the funds in the Account or prohibit further
transactions until we receive acceptable documentation of the death or incompetence and who may
transact on the Account.

Deposits
You may make deposits in person, by mail, or through other means we make available to you. Additional
restrictions on deposits to certain types of Accounts may be stated in the Deposit Account Disclosures and
Consumer ATM and Debit Card Agreement. The Bank may refuse to accept or may return any Check or
other Item for deposit, including those Items that are not properly endorsed. All Checks for deposit should
be endorsed by everyone to whom they are made payable. We may accept any Item for deposit payable to
any Account holder on the Account, even if it is not endorsed by you and if an endorsement is made
electronically or by other computer or mechanical device. You agree that the Bank may endorse and
accept these Items and agree to hold the Bank harmless for supplying or guaranteeing your missing
endorsement or for accepting illegible or improper endorsements on Items deposited into your Account.
At our option, we may refuse Items that are endorsed by third parties or require that they be verified or
guaranteed. You warrant that all endorsements are genuine. You authorize the Bank to accept any Item
without a written signature, such as an electronic check conversion transaction with an electronic
signature, that is converted to an electronic fund transfer, or where the Bank cannot examine the
signature. The Bank is not bound by any conditional or restrictive endorsement on a Check you deposit, or
for any endorsement "without recourse.”
For New Deposit Accounts, credits received from Automated Clearing House (ACH) debit transactions will
be available on the eleventh Business Day after the date of deposit. For example, if you conduct an ACH
debit transfer, the funds that are transferred from another financial institution to your Account at CIBC
Bank USA will not be available until the eleventh Business Day after the date of deposit. When your
Account is no longer considered a New Deposit Account, provided the Account is in good standing, the 10
Business Day hold on funds credited due to ACH debits will no longer apply and credits received from ACH
debit transactions will be available on the third Business Day after the date of deposit. Please refer to the
Funds Availability Disclosure for additional availability information applicable to your Account.
We may choose to take an Item for collection rather than for deposit. If so, we will credit your Account
for the Item when the Bank receives payment for the Item from the issuing bank. We will give you
provisional credit for Checks and any other non-cash Items (including Items drawn on the Bank) deposited
at the Bank until we receive final collection for the Item. We may reverse provisional or final credit for
Items that are returned unpaid. You agree to pay any fees for collecting your deposit. If a deposited Item
is returned unpaid, we may convert it to an electronic payment and redeposit it as an ACH entry.
This conversion and any related fees will not be considered electronic fund transfers.

If any deposit made to your Account under a direct deposit plan is required to be returned to the
depositor, including the Federal government, you authorize us to deduct the returned amount and any
applicable fee from your Account, or any other Account you have with us, at any time without prior
notice, except as prohibited by law. We may also use any other legal remedy to recover these amounts.
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Deposits received at our night depositories are not considered received by the Bank until we remove and
record them. All transactions received after our “daily cut-off time” on a Business Day, or that we receive
on a day we are not open for business, will be considered received on the next Business Day. Our daily
cut-off times are stated in the Funds Availability Disclosure.
We are not liable for the loss or destruction of any Item we cash or collect for you or the conduct of
another bank or person in connection with the Item. You agree to cooperate with us to locate or replace
any Item that we lose or that is lost or misrouted during the collection process.
The Bank may charge your Account for the amount of an Item that is lost or misrouted during the
collection process (and reverse any accrued interest in connection with the Item).

See the Restricting Your Account section for more information on any limitations that may apply to your
ability to make a deposit into your Account.

FDIC Deposit Insurance

Your deposits are insured up to the applicable limits under the Federal Deposit Insurance Corporation
(“FDIC”) insurance coverage rules based on the category of the Account ownership. More information
and tools to determine federal deposit insurance coverage, including the effect on deposit insurance
coverage of designating POD beneficiaries, can be obtained from the FDIC on its website at
www.fdic.gov or by calling 1-877-ASK-FDIC or 1-800-925-4618 (for the hearing impaired).

Withdrawals
Generally, any Account holder or Authorized Signer on an Account may withdraw or transfer all or any
part of the available balance in the Account at any time. Your available balance is the balance in your
Account after deducting:
First: Deposits that are not yet available for withdrawal under our Funds Availability Disclosure.

Second: Pending transactions (such as debit card purchases) that the Bank has authorized but have not yet
been paid from your Account.

Third: Any holds on your Account. The available balance does not reflect all of your outstanding Checks,
automatic bill payments (including ACH and recurring debit card transactions) or other transactions that
you have authorized but have not yet been paid from your Account.

Additional restrictions on withdrawals from Accounts are stated in the Deposit Account Disclosures. Also
see the Restricting Your Account section for more information on any limitations that may apply to your
ability to make a withdrawal from your Account.
Only one signature is required for withdrawals from any Account even if the signature card for the
Account or other documents state that more than one signature is required.
We may refuse any withdrawal or transfer request that is not on forms required by the Bank, is by a
method we do not permit, exceeds the frequency limitations, or is for an amount greater or less than
any withdrawal limitations. We may close your Account for transactions that do not follow these
requirements, even if we permit some of these transactions. We use the date the transaction is
completed by us, not the date you initiate it, to determine the frequency of transactions. We may pay
any Item drawn against your Account that would be a substitute check if it did not contain an error or

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 defect. See our Funds Availability Disclosure for information about when you can withdraw funds you
deposit into your Account.
We may require advance notice of large cash withdrawals and may require that you provide adequate
security when you accept the cash. Under Federal regulations, we may also require seven days prior
written notice for withdrawals from an interest-bearing Account other than a demand deposit Account.
Withdrawals from a certificate of deposit prior to maturity may be restricted and subject to a penalty as
provided in the Deposit Account Disclosures or the pre-maturity notice you received prior to renewal of
your CD.

Posting Order and Payment of Items from Your Account

We generally process Items drawn on your Account on the Business Day they are received by us, in the
following order:
First, we will process wire transfers, debit card transactions, ATM withdrawals, cash withdrawals
made at one of our branches and checks drawn on your Account that are cashed at one of our
branches; and
Second, we will post checks not included above, ACH transactions and CIBC NetBanking bill payment
transactions.
Within each of these categories, Items without serial numbers will be paid in the order that we receive
them. Checks with check numbers will be paid in check number order, from the lowest number to the
highest number. The order in which Items are paid is important because it may result in Items not being
paid if you do not have sufficient funds available in your Account.

Overdrafts
We have no obligation to pay any Item unless you have sufficient funds available in your Account to pay
the Item when it is presented. If there are insufficient funds in your Account to pay the Item (excluding
card transactions), we may, at our discretion, pay the Item, resulting in an Overdraft in your Account, or
return the Item for non-sufficient funds.
If an Item is presented for payment and returned due to non-sufficient funds (NSF), it may be returned a
second time if that same Item is presented for payment again and you do not have the available balance
to cover the Item. If you have set up an automatic transfer of funds from one account to another to cover
an Overdraft, the accounts must have the same account ownership titling.
We encourage you to keep your Account in Good Standing. Detailed record keeping of your transactions
will help you avoid initiating ATM or point of sale (POS) transactions, writing checks, or authorizing other
debits to your Account without sufficient funds. If your Account is not maintained in Good Standing, we
may close your Account.

Statements and Limits on Claims

The Bank will send or make your Account statements available to you at the current mailing address listed
in our records or electronically as separately agreed to with the Bank. If there is more than one Account
holder, we will send the periodic Account statement to the first Account holder listed on the signature
card only, unless you direct us in writing to send the statement to a different Account holder. Contact us

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immediately if you do not receive your Account statement. See the Notices, Address or Name Changes
section for information on changing your mailing address.
Your Responsibilities Regarding Statements and Unauthorized Transactions
This section does not apply to electronic fund transfers that are subject to Regulation E.
You are responsible for reviewing your Account statements, including all transactions, and notifying us
of any errors, unauthorized signatures, alterations, forgeries, fraud, or other claims as soon as
possible. If you do not contact us about an error or claim within 30 days from when we first send or
make your statement available to you, the Bank is not liable for any claims for transactions or errors
included in that statement. Also, if you do not notify us within this 30 day period, the Bank is not
responsible for any additional Items with unauthorized signatures or alterations by the same person as
those included in your statement. You agree not to bring any legal action or proceedings against us
regarding any error or unauthorized transaction more than one year after the date we send or make
available to you the statement, notice, or other record of the transaction. You must notify the Bank by
calling us at 877-448-6500 or writing to us at CIBC Bank USA, 6825 W 111th St. Worth, IL 60482,
Attention: Customer Support Center.
If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you
must provide us with sufficient information, sign an affidavit, and cooperate with our investigation of your
claim. You also agree to file a police report. We will have a reasonable period of time to investigate the
facts and circumstances surrounding any claim of loss. You must pursue your rights against any other party
related to your claim or, at our option, assign them to us so that we may pursue them. Any liability of the
Bank for the claim will be reduced by the amount you recover or are entitled to recover from another
party.
If you fail to report an error or unauthorized transaction within 30 days after we make your account
statement available to you, you are precluded from asserting the error or unauthorized transaction
against us. Your failure to notify us within this time period will be deemed conclusive proof that you
failed to exercise reasonable care in examining your statement.
Unauthorized Transactions or Errors for Electronic Fund Transfers or Substitute Checks
The period in which you must notify us if your statement shows an unauthorized transaction or error may
be different for an electronic funds transfer or substitute check. For information on electronic fund
transfers errors or unauthorized transaction claims, refer to the consumer liability and error resolution
provisions in the Electronic Funds Transfers section of this Account Agreement. For online banking
transaction errors or unauthorized transaction claims, refer to the CIBC NetBanking Services Agreement.

Fees and Charges

You agree to pay any applicable fees and charges. We may deduct all charges in connection with your
Account (collectively, “Charges”) directly from the Account balance immediately when incurred, without
prior notice to you, even if this causes your Account to be overdrawn. Charges include fees listed in the
Fee Schedule for Consumer Accounts, reasonable charges for other services you request, and any other
charges applicable to the Account. If there is more than one Account holder, you are liable both
separately and together with all of the Account holders for any shortage in your Account due to any
Charges, whether it is caused by you or someone else. Any future deposits into your Account, including
direct deposits of social security or other government benefits, may be used to pay any Charges, to the
extent permitted by law. You are also liable for all of our costs in collecting these amounts, including our
reasonable attorneys’ fees, except as prohibited by law.
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Security Interest and Set Off
You grant us a security interest in all Accounts owned by you, either individually or jointly, now or in the
future, with us or an Affiliate, regardless of the amount you contributed to the Account, to secure
payment of all claims, including any Charges we may have against you or a joint Account holder. This
applies regardless of whether another party is also liable for the claims and whether the claims relate to
the Account, an overdraft protection plan, a credit agreement, or other circumstances.
We may set off the funds in your Account against any debt you or any owner of the Account owe us or an
Affiliate and any claim related to the Account, now or in the future, without prior notice and as permitted
by law. You agree that in certain instances, such as to cover overdrafts, this may include the Bank's rights
to set off against all future deposits to your Account, including direct deposits of social security payments
or other government benefits. Debt based on a note includes the total amount that the Bank may demand
at the time of set off, including any accelerated balance. This right of set off does not apply to: (a) IRA or
other tax-deferred retirement Accounts, (b) a claim from a consumer credit card transaction, or (c)
Accounts where you are acting in a representative capacity, except if the debt or claim pertains to that
Account. We are not required to pay, nor are we liable for, any Item that is dishonored because we set
off a debt against your Account and there were insufficient funds left to pay the Item. You agree to hold
us harmless from any claim in connection with our exercise of our right of set off. All of our rights in this
section also apply to any Affiliate.
The rights granted in this section are in addition to any other rights of the Bank, including the rights the
Bank has under other security documents with you.

Our Liability

We are not liable for any actions we take based on your instructions. However, we may not follow your
instructions and have no liability if we reasonably believe those instructions create liability for the Bank or
do not comply with common banking practices or Applicable Law. You agree that we will only be liable to
you to the extent we fail to act with ordinary care and those actions resulted in a direct financial loss to
you. We will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive
damages or lost profits or income under this agreement, even if we were advised or should have
known of the possibility of those damages or losses. You agree that the Bank will not be liable to you for
any Losses caused by something beyond our reasonable control including a natural disaster; adverse
weather conditions; acts of God; acts of terrorism; emergency conditions; a legal constraint or
governmental action or inaction; strike or labor stoppage; power failure; the breakdown of any
communication or transmission facilities; or any suspension or failure of payments by another bank,
including a Federal Reserve Bank.

Indemnification, Joint and Several Liability

In addition to the other terms in this Account Agreement, you agree to indemnify us and hold us harmless
from all Losses pertaining to any third party claim related to your Accounts, this Account Agreement, your
use of any Account and your breach of any of the terms of this Account Agreement. This indemnification
does not apply to our conduct if we failed to exercise ordinary care. You agree that you are individually or
jointly liable for any liabilities or Losses including, but not limited to, the indemnification obligations in
this section that you or any other joint Account holder or signer may have to the Bank under this Account

9423SAA
Agreement. You are liable regardless of whether another party is also liable for the claims and whether the
claims relate to the Account, an overdraft protection plan, a credit agreement, or other circumstances.

Checks and Item Processing

Check Processing
We may process Items mechanically by relying on the information encoded along the bottom of the Items.
You agree that we have not failed to exercise ordinary care solely because we use an automated system to
process Items and do not inspect all Items to determine if they are properly completed, signed and
indorsed. If the dollar amount written in words does not match the numerical dollar amount on a Check,
we may use either one when paying it. We may determine whether you have sufficient available funds in
your Account to pay or return an Item at any time between the time we receive the Item and when we
return the Item or send a notice in lieu of return. We are required to make this determination only once
but may also review it again. Only one signature is required for us to process an Item, even if the signature
card for the Account or other documents state that more than one signature is required.
You must use Checks and other Account documents obtained through or approved by us. The Bank is not
responsible for Losses that result from improper or inaccurate printing on documents we do not approve.
We may refuse to pay Checks if they are in a form that we cannot mechanically process using our ordinary
equipment.
Check Cashing
We may charge a fee to anyone that does not have an Account with us who presents a Check written on
your Account to be cashed at one of our branches as provided in our Fee Schedule for Consumer Accounts.
We may refuse to cash the Check or may require reasonable identification, including fingerprints. You
agree that our refusal to cash a Check will not be considered wrongful dishonor if the person presenting
the Check refuses to pay the fee or provide sufficient identification.

Stop Payments

This section addresses stop payment requests for Checks drawn on your Account. (It does not apply to
Cashier’s Checks.) Rules for stopping electronic fund transfers, such as ACH payments, are addressed in
the Electronic Funds Transfers section of this Account Agreement and our online banking agreement with
you. We may accept a request to stop payment on a Check from any Account holder or Authorized Signer.
A stop payment request will not be effective unless it complies with this section and we have a reasonable
opportunity to act on the request and verify that the Check has not been paid.
You must provide us with the Account number, Check number, date, dollar amount and name of the payee
of the Check in order for us to process your stop payment request. If this information is not exact, your
stop payment request will not be effective and we will not be responsible for failing to stop the payment.
If you do not make your stop payment request in writing, upon the Bank’s request you must provide us
with written confirmation of the information via the stop payment request notification that we send to you
or we may not continue to honor it. We will not notify you when your stop payment request expires. A stop
payment request may only be released by the person who requested the stop payment. You agree to pay
the Stop Payment Fee listed in the Fee Schedule for Consumer Accounts for each stop payment request.
You agree to indemnify the Bank for any damages or expenses, including attorneys’ fees, we incur due to
your stop payment request. You assign to us all rights against the payee or any other holder of the Check.

9423SAA
You agree to notify the Bank promptly if a duplicate check is issued or the original is returned. You agree
to cooperate with us in any legal actions that we may take against these parties. State law may permit
other limitations on our obligation to stop payments.
Restrictive Legends and Stale Items
We do not honor any restrictive legends on your Checks. Examples of restrictive legends are “must be
presented within 90 days” or “not valid for more than $1,000.00.” We may pay any Item when it is
presented to us even if it is not dated or dated after we receive it and we received notice that is
postdated. We may pay a Check presented for payment more than six months after its date but are not
required to do so. If you do not want us to pay a stale-dated Check, you must place a stop payment order
on the Check as described in the Stop Payment section of this Account Agreement.
Lost, Destroyed, or Stolen Cashier’s Checks
If you are the purchaser or payee of a lost, destroyed, or stolen cashier’s Check that has not been paid, you
may ask the Bank to replace the Check (or refund the money used to purchase the check if you request a
stop payment) 90 days after it was issued. You must complete our form and provide specific information
about the Check. You must also provide us with sufficient identification. The Bank has no further liability
for the Check after it is replaced or your money is refunded. The Bank, at its option, may replace the
Check before the end of the 90 day waiting period.
If the Bank replaces the Check prior to the end of the 90 days or stops payment of the Check, we may
require that you provide sufficient indemnification, such as a surety bond or pledged account.

Electronic Funds Transfers

This section contains important information regarding electronic funds transfers (EFT) services, such as
automatic deposits and other pre-authorized fund transfers to and from your deposit Accounts. This
section does not apply to wire transfers and other transactions that are not governed by the Electronic
Fund Transfers regulation issued by the Board of Governors of the Federal Reserve System.
Types of Services
The types of EFT services we provide are listed below. Some of these services may not be available for
certain types of Accounts.

1. Card services. Available Card services are described in the ATM and Debit Card Agreement.

2. Electronic funds transfers. You may authorize a third party to send or receive electronic fund
transfers between your Account and an account of a third party in the United States. These
transfers may use the ACH or other payments network. You will need to provide your Bank and
Account information to the third party to make these transfers (either over the telephone, the
Internet, or through some other method). You should only provide this information to trusted third
parties whom you have authorized to initiate these electronic fund transfers. You agree that all
ACH transactions are bound by the rules and regulations of the National Automated Clearing House
Association and any local clearinghouse used to process these transactions, as they may be
amended.
Examples of electronic fund transfers include:

9423SAA
 • Preauthorized credits. You may make arrangements for certain direct deposits, such as
payroll and benefits payments, to be made to your Account.
• Preauthorized payments. You may make arrangements for automatic one-time or recurring
transfers for bill payments from your Account.
• If you have a deposit account at our Affiliate, CIBC (Canadian Imperial Bank of Commerce),
and initiate funds transfers to or from your CIBC account through CIBC Online Banking to or
from your Account at CIBC Bank USA, those transfers are governed by your agreements with
CIBC, not your agreements with the Bank.
3. CIBC NetBanking. If you enroll in CIBC Bank USA’s CIBC NetBanking (“CIBC NetBanking”), our online
banking service, or are enrolled in CIBC NetBanking as part of the online account application for
your Account you may access your Account online by logging onto our website, www.cibc.com/US,
and using your user identification and password to view your Account information and conduct
authorized electronic transactions, including transfers between your designated Bank Accounts, and
payments from your Account to a third party. The terms and conditions for CIBC NetBanking are
contained in the CIBC NetBanking Services Agreement you receive when you enroll in our online
banking service.
4. CIBC Bank USA Automated Telephone Banking. You may access your Account by telephone at 877-
825-5554, using your personal identification number (“PIN”), to obtain certain Account information
and transfer funds between Accounts you maintain with the Bank. We will not be responsible for
any losses that you or others incur if we act on any request, order, or instruction we believe to be
genuine. We may refuse to make any telephone request.
Documentation
Preauthorized credits. If you have arranged to have direct deposits made to your Account at least once
every 60 days from the same person or company, you can call us at 877-448-6500 or use CIBC NetBanking
to find out whether or not the deposit has been made.
Periodic statements. You will receive a monthly Account statement from us.
Our liability for failure to complete 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. However, there are some
exceptions. We will not be liable, for instance:

• If, through no fault of ours, you do not have enough money in your Account to make the transfer;
• If you have an overdraft line of credit and the transfer would go over the credit limit;
• If the automated teller machine where you are making the transfer does not have enough cash;
• If the terminal or system was not working properly and you knew about the breakdown when you
started the transfer;
• If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable
precautions that we have taken; and
• There are other exceptions stated in the CIBC NetBanking Services Agreement.

Stop payments for preauthorized transfers

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 Right to stop payments and procedures for doing so. If you have told us in advance to make recurring
electronic payments out of your Account, you can stop any of these payments. To do so, call or write us
at the telephone number or address listed at the end of this disclosure in time for us to receive your
request three business days or more before the payment is scheduled to be made. If you call, we may
also require you to put your request in writing within 14 days after you call. A Stop Payment fee will be
charged. Please refer to our Fee Schedule for Consumer Accounts for the amount we will charge you for
each stop payment order you request.
Notice of varying amounts. These regular payments may vary in amount, the person you are going to
pay will tell you, 10 days before each payment, when it will be made and how much it will be. (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 that you set.)
We do not have to accept any requests for recurring payments from your Account if they vary in
amount.

Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these
payments three business days or more before the transfer is scheduled, and we do not do so, we will be
liable for your losses or damages.
Unauthorized transactions
Consumer liability for unauthorized transfers.
Tell us at ONCE if you believe your Card, Personal Identification Number (PIN), or CODE has been lost
or stolen, or if you believe that an electronic funds transfer has been made without your permission
using information from your Check. Calling us is the best way of keeping your possible losses down.
You could lose all of the money in your Account (plus your maximum overdraft line of credit). If you
tell us within two business days after you learn of the loss or theft, you can lose no more than $50.00 if
someone used your Card, PIN, or Code with your permission. If you do NOT tell us within two business
days after you learn of the loss or theft, and we can prove we could have stopped the unauthorized
transaction if you had told us, you could lose as much as $500.00.

Also, if your statement shows transfer that you did not make, including those made by Card, PIN or
other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to
you, you may not get back any money you lost after the 60 days if we can prove that we could have
stopped the unauthorized transaction if you had told us in time. We will extend this time period due to
extraordinary circumstances (such as a long trip or a hospital stay).
Additional limits on liability for debit Card POS transactions. You will not be liable for any
unauthorized transactions using your debit Card, when used for POS transactions, if: (i) you have
exercised reasonable care in safeguarding your Card from unauthorized use, (ii) you have not reported
to us two or more incidents of unauthorized use within the prior twelve-month period, and (iii) your
Account is in Good Standing. If any of these conditions are not met, the additional limits on liability
stated in this section do not apply and your liability is determined based on the Consumer Liability for
Unauthorized Transfers section state above. “Unauthorized use” means that you did not provide the
right to use your Card to anyone else directly, by implication or otherwise, and you received no benefit
from the “unauthorized” purchase. This additional limitation on liability does not apply to PIN-based
transactions. It is also limited to transactions processed by specific Card networks.

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 Contact in event of unauthorized transfer. Call or write us at the telephone number or address listed
at the end of this section if you believe a transfer has been made using the information from your
Account without your permission.
Error resolution notice
In case of errors or questions about your electronic transfers. Call or write us at the telephone number
or address listed at the end of this section, 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 the FIRST statement on which the problem or error appeared.
Please provide us with the following:

• Your name and Account number (if any)

• 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
• Tell us 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 10
business days.
We will determine whether an error occurred within 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 (90 days if the
transfer involved a new Account, or a foreign-initiated transfer) to investigate your complaint or
question. If we need additional time to investigate this matter, we will provide you with a provisional
credit to your Account within 10 business days (20 business days if the transfer involved a new Account)
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 credit your Account. We will tell you the results
within three business days after completing our investigation. If we decide that there was no error, we
will send you a written explanation. You may ask for copies of the documents that we used in our
investigation.
Confidentiality
We will disclose information to third parties about your Account or the transfers you make:

• Where it is necessary for completing transfers;

• To verify the existence and condition of your Account for a third party, such as a credit bureau
or merchant;
• To comply with government agency or court orders;
• If you give us written permission; or
• As otherwise explained in our separate US Privacy Notice and CIBC Canadian Privacy Policy, as applicable

Contact Information
To report unauthorized transfers, stop payments, or errors regarding your Account, please contact us at:
CIBC Bank USA
6825 West 111th St
Worth, Illinois 60482

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 Attention: Client Support Center
877-448-6500
Wire and Other Funds Transfers
Governing Rules
This section applies to electronic funds transfers that credit or debit your Account, including wire
transfers, that are not governed by Electronic Fund Transfers Act and Regulation E issued by the
Federal Reserve and the Electronic Funds Transfer section of this Account Agreement.
You agree that these electronic funds transfers are bound by any rules and regulations then in effect
governing the system through which they are conducted. You agree to provide instructions for these
funds transfers in writing or as we may otherwise require. We may refuse to originate any funds transfer
for any reason at our sole discretion. You cannot cancel or amend funds transfer instructions after they
have been accepted by us.

Notice
Credits or debits to your Account made by funds transfers will be listed in your periodic Account statement
or other Account information made available to you. We will not be required to provide any other notice
to you.
Payment and Final Settlement
If we do not receive final settlement for any funds transfer credited to your Account, you agree that
we may reverse the credit to your Account. If we receive satisfactory documentation that a credit
entry was made in error or for the wrong amount, we may debit your Account for the amount
erroneously credited. You agree to reimburse us if you have insufficient funds in your Account and
we are unable to reverse a credit to your Account if we do not receive final settlement or if we are
unable to debit your Account for an amount that was credited erroneously.
You also agree to pay us the amount of any fees and charges regarding any funds transfer described
in this section.

Reliance on Account and Identifying Numbers

We are not responsible for detecting errors in any funds transfer instructions that you provide to us.
You acknowledge that funds transfers may be made on the basis of an account number or other
identifying number (including a bank transit routing number) we receive. We and any receiving
bank (including any beneficiary’s bank and any intermediary bank) may rely on the account number
or other identifying number of any bank, person, or bank account specified in the electronic fund
transfer instructions even if these numbers identify a different bank, person, or bank account than
named in the instruction. You are still obligated to pay the amount of the funds transfer regardless
of these or other errors in the instructions.
Security Procedures
We offer certain security procedures for electronic funds transfers, including a “call back” or verification
of the request. Your use of an electronic funds transfer constitutes your agreement that our procedures
are commercially reasonable. You agree that we are not obligated to accept any instructions that are
communicated to us other than in compliance with our approved methods and procedures and are not
liable for refusing to act on instructions we do not accept.

9423SAA
 Unclaimed Property and Dormant Accounts
We must turn over unclaimed or abandoned property to the State where the Account holder resides or
as otherwise required in accordance with Applicable Law. Generally, the funds in your Account are
considered unclaimed if you have not initiated any activity or written communication with us regarding
your Account. The time period for determining when an Account is abandoned varies by State law.
We are not liable for the funds in your Account once they are turned over to the State. You must
contact the State to reclaim them.
We will consider a checking, savings or money market Account dormant if there has been no customer
contact or transaction activity for 24 months. Once an Account is dormant, we may stop sending
Account statements to you. We must receive a written statement from the Account holder to reinstate
a dormant Account. Please refer to the Consumer ATM and Debit Card Agreement for the dormancy
periods relating to your debit card.

Important Information About Procedures for Opening a New Account

To assist in protecting you against identity theft, as well as help the government fight the funding of
terrorism and money laundering activities, Federal law requires all financial institutions to obtain,
verify and record information that identifies each person who opens an Account. This means that when
you open an Account, we will ask for your name, address, date of birth and other information that will
allow us to identify you. We may also ask for additional information, including your driver’s license or
other
identifying documents.

Cash Transaction Reporting

All financial institutions must gather and report information on certain types of cash transactions to
help law enforcement agencies detect illegal activities. We must refuse to handle a transaction if you
do not provide us with the information required to complete the report.

Credit Verification
You agree that we may verify your credit and employment history at any time, including by obtaining a
credit report from a credit reporting agency in accordance with Applicable Law.

Privacy

We will collect, use and disclose your personal information in accordance with: (1) the US Privacy Notice
linked below and (2) if you are a Canadian resident, in accordance with the CIBC Canadian Privacy Policy as
described below. This includes sharing information about you and your Account with our Affiliates (as
defined in the US Privacy Notice) unless prohibited by Applicable Law, our US Privacy Notice Statement, or
an opt-out exercised in accordance with our US Privacy Notice.

For Canadian residents: You consent to the collection, use and sharing of your personal information as
described in the CIBC Canadian Privacy Policy “Your Privacy is Protected”. This includes exchanging
information about you within Canadian Imperial Bank of Commerce and its Canadian affiliates (collectively

9423SAA
 “CIBC”), and with credit bureaus, government institutions or registries, regulators and self-regulatory
organizations, other financial institutions, applicable program partners, any references you give us, and
other parties as needed for: (i) identifying you; (ii) qualifying you (or someone you are providing a
guarantee for) for products and services; (iii) verifying information you give us; (iv) protecting you and CIBC
from error and criminal activity; (v) facilitating tax and other reporting; (vi) complying with legal and
regulatory obligations; or (vii) marketing products and services of CIBC, any CIBC partner program, or other
third parties. We may contact you for any of these purposes at the numbers and addresses you have
provided to us. If you no longer want to receive marketing from CIBC, you may contact us at 1 800 465-CIBC
(2422) at any time. You will not be refused products or services just because you choose not to receive
marketing. The CIBC Canadian Privacy Policy is available at any Canadian banking centre or on
www.cibc.com. This policy may be updated from time to time. The most up-to-date policy will be available
on www.cibc.com.

Account Disputes
We may place a hold on the funds in your Account (and prohibit payments or withdrawal of the funds) if
there are competing claims for the funds or other disputes involving your Account. We may keep the
hold in place until we are satisfied that the dispute has been resolved. We are not liable for any Items
that are dishonored due to a hold on your Account in connection with a dispute. Alternatively, we may
pay the funds in the Account to an appropriate court for resolution of the dispute. We may charge your
Account for all fees and expenses we incur in connection with disputes involving your Account
(including reasonable attorneys’ fees and our internal expenses).
Legal Actions or Claims Affecting Your Account

If we are served with a subpoena, summons, restraining order, injunction, levy, garnishment, citation to
discover assets, search warrant, lawsuit, request for information from a government agency, or other
legal or administrative order pertaining to your Account or your Account is involved in any other legal or
administrative proceeding (“Legal Action”), we will comply with that Legal Action as required or allowed
by law. Any Legal Action is subject to our set off rights. If we determine it is appropriate, we may place a
Hold on the funds in the Account and not allow any payments out of the Account until we receive a final
legal determination regarding the Legal Action. We may place a Hold on the assets in the Account even if
the Legal Action does not involve all of the Owners of the Account. You agree that we shall have no
liability to you if there are insufficient remaining funds to pay your Items because we withdrew or
restricted access to the funds in your Account due to the Legal Action or the Hold we place on the
Account in response to such Legal Action.

Your Account will be charged a legal action processing fee for handling the Legal Action as stated in
the fee schedule. Our ability to charge this fee does not depend on the ultimate disposition of the
Legal Action, such as whether the Legal Action is ultimately withdrawn or whether we pay funds from
your Account in response to that Legal Action. We may also charge your Account and/or bill you for all
additional fees and expenses we incur in connection with the Legal Action (including reasonable
attorneys’ fees, court costs and our internal expenses).

Security
You must safeguard your Account number and any access device for your Account. If you learn that any
of your Account information or access devices have been lost or stolen, you must notify us
immediately. If you fail to protect this information or fail to provide us with notice, you may be liable
for the entire amount of any loss from your Account. For more information on liability for unauthorized

9423SAA
 transaction claims for electronic fund transfers refer to the consumer liability provisions in the
Electronic Funds Transfers section of this Account Agreement. If you authorize someone to transact on
your Account or provide your access device to someone else, you are liable for all transactions made by
that person until we receive written notification from you that the person is no longer authorized to
transact on your Account and have a reasonable time to respond.

If you inform us that your Account information has been compromised, we may, in our sole discretion,
without any liability to you, (i) close your Account and open a new Account for you; (ii) dishonor any Item
you indicated may be lost or stolen; or (iii) pay any Item you instructed us to pay provided you have
given us the Item number.
As part of our loss prevention program, we may freeze the balance in your Accounts pending an
investigation if we suspect irregular, unauthorized, or unlawful activities in connection with your
Account. If we freeze your Account, we will give any notice required by Applicable Law.

Electronic Instructions
At our discretion, we may not act on instructions you give us by facsimile (fax) transmission, email
message, or voice mail, unless we agree to do so in writing. No confidential information should be
included in any information that you provide to us through these electronic means because these
transmissions may not be secure.

Notices, Address or Name Changes

You must notify us of any change to your address or your name. Unless we agree otherwise, change of
address or name must be made in writing by an Account holder or as permitted through our online
banking services. We will mail notices to the most current address we have in our records. We may send
notices to you electronically at the most recent email address that you provided to the Bank if you
elected to receive notices electronically. If there is more than one owner on an Account, we may send
notice to any one Account holder. Any notice or deposit mailed to us will be considered delivered when
it is actually received by us based on our ordinary business practices. Except as otherwise provided in
this Agreement, written instructions you provide to us for your Account remain in effect until we
receive written notice from you to change them and have a reasonable amount of time to act upon your
request.
If we receive notice from the U.S. or other postal services or its agents that your address has changed,
we may send Account statements and other notices regarding your Account to that new address. You
agree that any notices that we send in accordance with this section, including any changes to the terms
of this Account Agreement, will be considered effective notice to you. If we mail Account statements or
other notices to you and they are not delivered or are returned to us, we will attempt to contact you by
telephone. If we are unsuccessful in contacting you, we may place a hold on your entire account balance
until you provide us with notification of your correct address. If we do not have a valid address for an
Account for six months or more, we may consider your Account dormant or close the Account.

Electronic Communication and Documents

We may send to you any document for your Account in an electronic form if you have separately agreed
with us to receive documents and notices electronically. This may include providing notices, disclosures,
or statements to you electronically, instead of in paper form, to the extent permitted by Applicable
Law.
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Telephone Communication
To improve customer service and for accuracy, security, quality and training purposes, you agree that we
may record and monitor your telephone communications with us or our representatives. If you provide us
with your cell phone number as a contact number for your Account, you agree that we may contact you at
that number. You agree that calls regarding your Accounts with us are not unsolicited.

Account Transfers

You may not transfer, pledge or assign your Account to someone else without our prior written consent.
Unless we agree otherwise in writing, our right of set off or prior security interest has priority over rights of
the party to whom the Account is transferred, pledged or assigned. If we consent to a transfer, pledge or
assignment, we are not required to notify you or anyone else before disbursing any funds from your Account
in accordance with what we in good faith believe are the terms of the transfer, pledge or assignment.

Illegal Activities
You agree not to use your Account for any illegal activity, including unlawful internet gambling. We may
refuse any transaction we believe may involve illegal activity and any transaction involving gambling.

Closing Your Account

We may close your Account at any time for any reason upon reasonable notice to you. Reasonable notice
depends on the circumstances and may vary as required by Applicable law. In some cases, such as when we
cannot verify your identity, we suspect fraud, your account has a zero balance, or your account is
dormant and overdrawn, we may provide you with notice after the change is made or your Account is
closed. In some cases, notice may be provided in the form of a final statement indicating that the account
has been closed.
If we close your Account, we will send you a notice at the last address listed in our records and a check
for any remaining Account balance after deducting all applicable Charges. We may dishonor any Items
presented for payment on your Account after it is closed.

You may close your Account at any time subject to the restrictions stated in the Deposit Account Disclosures. If
you close your Account, you are responsible for leaving enough money in the Account to cover any outstanding
Items to be paid from the Account. We may, but are not required to, reopen any closed Account if we receive
a deposit to the Account. We may charge you a fee if you close your Account within 90 days of opening it as
provided in the Fee Schedule for Consumer Accounts.
After an Account is closed, we have no obligation to accept deposits or pay any Items, nor do we have any
liability if we refuse to honor any Item drawn on the Account. We may inform consumer reporting agencies
and other third parties of Accounts closed for misuse, such as excessive Overdrafts or check kiting.

Amendments
We may change any term of this Account Agreement at any time. We will provide you with reasonable prior
notice of these changes in writing or as otherwise permitted by Applicable Law. If we notify you of a
change in any term of your Account Agreement and you do not close your Account when the change
becomes effective, you have agreed to the new terms except as required by Applicable Law.

9423SAA
Governing Law
Your Account and this Account Agreement are governed by Applicable Law.

Conflicts
If Account Agreement, that waiver will apply only on that occasion and does not change or amend the
terms of this Account Agreement will control. If there is a conflict between the terms of this Account
Agreement and the terms of any of the Disclosures, the terms of the applicable Disclosure will control. If
there is a conflict between the terms of this Account Agreement and Applicable Law, this Account
Agreement will be considered changed only to the extent necessary to comply with the Applicable Law. If
any term of this Account Agreement is unenforceable, it will remain enforceable to the extent permitted
and all other terms of this Account Agreement will remain in effect.

Waiver
Any delay in enforcing our rights under this Account Agreement will not act as a waiver of our rights and
will not affect your obligations under this Account Agreement. If the Bank waives any provision of this
Account Agreement, that waiver will apply only on that occasion and does not change or amend the terms
of this Account Agreement.

Deposit Account Disclosures:

CIBC Bank USA
120 South LaSalle Street
Chicago, Illinois 60603
1-877-448-6500 www.cibc.com/US
Deposit Account Disclosures For CIBC Bank USA Smart Account Non-Interest Bearing Checking Account

Eligibility Requirements
The primary owner must be an account owner on a CIBC consumer checking or savings deposit account in
good standing or have a personal line of credit (PLC) in good standing at CIBC to open the account. All
account owners must be enrolled in CIBC Online Banking or CIBC Mobile Banking with active Card status. All
account owners must be U.S. or Canadian residents.
Minimum Balance to Open the Account
There is no required minimum balance to open this Account. The account will be closed if no deposits are
made to the account within 12 months from the date the account is opened.

Fees and Charges (All amounts are in U.S. Dollars):

Paper Statement Fee:
A fee of $2.25 will be charged each monthly statement cycle for paper statements. This fee will not be
assessed until the fourth statement cycle. There is no fee to receive monthly account statements
electronically. To receive electronic statements instead of paper statements, you must sign up to
receive eStatements through CIBC NetBanking after opening the account
Other Fees and Charges:

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Please refer to the separate Fee Schedule for Consumer Accounts provided to you in this document for
information about other fees and charges associated with this account. A Fee Schedule for Consumer
Accounts will be provided to you at the time you open an account, periodically when fees or charges
change, and upon request.

Processing Order
Please refer to the Consumer Deposit Account Agreement for important information about the order in
which items are paid.

Additional Information Regarding Your Account

• Free CIBC NetBanking (online banking and Bill Payment)

• Free CIBC Bank US Mobile Banking. Message and data rates may apply. Contact your wireless
carrier for details.
• Free CIBC Bank USA Automated Telephone Banking.
• 24-hour access to funds through Debit card transactions.
• Free electronic monthly statements available through CIBC NetBanking, including free check images.
• Up to four ATM transaction fees charged at non-proprietary ATMs are refunded, up to a maximum of
$20.00, per monthly statement cycle.

Fee Schedule for Consumer Accounts (All amounts are in US Dollars)

Account Fees

Excessive savings or money market transaction fee $10.00 per occurrence

IRA transfer $35.00

Stop payment $30.00 per check

Telephone banking Free

Telephone transfer Free

Checks

Check cashing for non-clients $5.00 per check

Counter checks/temporary checks $1.00 per 10 checks

Money orders $3.00

Official check $5.00

Collections

Collections/domestic $25.00

Collections/foreign $50.00

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 IRS levy, citation, subpoena or garnishment $175.00

Images and Photocopy Requests

Copy per check or deposit item $5.00

Copy per statement $5.00

International Services

Immigration letter Free

Foreign currency orders Varies

Foreign draft $30.00

Research

Account activity (since last statement date) Free

Account research $25.00 per half hour, $25.00 minimum

Balance inquiry Free

Wire Services

Wire transfer, incoming Free

Wire transfer, outgoing domestic $30.00

Wire transfer, outgoing international $40.00

Additional Services and Fees

Coin counting - customer only Free

Messenger service/armored car service Varies

Notary service Free

Savings bond redemption Free

Additional fees and charges that apply to your account are stated in the Deposit Account Disclosures.

Funds Availability Disclosure

Your Ability to Withdraw Funds

This Funds Availability Disclosure applies to all “transaction” Accounts. Transaction Accounts, in general,
are Accounts that permit an unlimited number of payments to third persons and an unlimited number of
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 telephone and preauthorized transfers to other Accounts of yours with us. Checking Accounts are the most
common transaction Accounts.

Our policy is to make funds from your cash and check deposits available to you on the first business day after
the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit.

Once they are available, you can withdraw the funds in cash, and we will use the funds to pay checks that you
have written.

For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays,
and federal holidays.

Illinois Offices – Cutoff Times

Cut-off time for deposits at Illinois offices will vary by location. The cut-off time for deposits is the Lobby
Hours closing time (“Closing Time”) of the office where the deposit is made, which is no earlier than 4:00
PM CT Monday through Friday. If you make a deposit at an Illinois office before Closing Time on a Business
Day that we are open, we will consider that day to be the day of your deposit. However, if you make a
deposit at an Illinois office on a Business Day after the Closing Time, or on a day we are not open, we will
consider that the deposit was made on the next Business Day we are open. For a listing of offices locations
and hours, please visit our website at https://us.cibc.com/en/about-us/locations.html.

Offices Located Outside Of Illinois – Cutoff Times

If you make a deposit at an office located outside of Illinois on a business day that we are open and that
occurs before 5:00 P.M. local time for all Eastern Time Zone locations or 5:00 P.M. Central Time for all other
locations (collectively, “Outside Cutoff Time”) Monday through Friday, we will consider that day to be the
day of your deposit. However, if you make a deposit at an office located outside of Illinois after the Outside
Cutoff Time Monday through Friday, or on a day we are not open, we will consider that the deposit was
made on the next business day we are open.

Automated Teller Machines ("ATM" or "ATMs") - Cutoff Times

If you make a deposit at an ATM on a business day that we are open and that occurs before 2:00 P.M. Central
Time Monday through Friday, we will consider that day to be the day of your deposit. However, if you make a
deposit at an ATM after 2:00 P.M. Central Time Monday through Friday, or on a day we are not open, we will
consider that the deposit was made on the next business day we are open.

Longer Delays May Apply

In some cases, we will not make all of the funds that you deposit by check available to you on the first
business day after the day of your deposit. Depending on the type of check that you deposit, funds may not
be available until the second business day after the day of your deposit. However, the first $225 of your
deposits will be available on the first business day.

If we are not going to make all of the funds from your deposit available on the first business day, we will
notify you at the time you make your deposit. We will also tell you when the funds will be available. If your

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deposit is not made directly to one of our employees, or if we decide to take this action after you have left
the premises, we will mail you the notice by the day after we receive your deposit.

If you will need the funds from a deposit right away, you should ask us when the funds will be available.

In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

• We believe a check you deposit will not be paid;

• You deposit checks totaling more than $5,525 on any one day;
• You redeposit a check that has been returned unpaid;
• You have overdrawn your Account repeatedly in the last six months;
• There is an emergency, such as failure of computer or communications equipment

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you
when the funds will be available. They will generally be available no later than the seventh business day after
the day of your deposit.

Special Rules for New Accounts

If you are a new customer, the following special rules will apply during the first 30 days your Account is open:

• Funds from electronic direct deposits to your Account will be available on the day we receive the
deposit.
• Funds from deposits of cash, wire transfers, and the first $5,525 of a day's total deposits of cashier's,
certified, teller's, travelers, and federal, state and local government checks will be available on the
first business day after the day of your deposit if the deposit meets certain conditions. For example,
the checks must be payable to you (and you may have to use a special deposit slip). The excess over
$5,525 will be available on the seventh business day after the day of your deposit. If your deposit of
these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the
first $5,525 will not be available until the second business day after the day of your deposit.
• Funds from all other check deposits will be available on the seventh business day after the day of your
deposit.
Substitute Checks and Your Rights

As our client, we think it is important for you to know about substitute checks.

What Is a Substitute Check?

To make check processing faster, federal law permits banks to replace original checks with "substitute
checks." These checks are similar in size to original checks with a slightly reduced image of the front and back
of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it
the same way you would use the original check." You may use a substitute check as proof of payment just like
the original check.

Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights
you have when you receive substitute checks from us. The rights in this notice do not apply to original checks
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or to electronic debits to your Account. However, you have rights under other law with respect to those
transactions.

Substitute Check Image

So you will recognize substitute checks when you receive them, we have included an image of a sample
substitute check. The numbers listed below the image correspond with the numbers on or near the substitute
check image and the corresponding text explains the various components of a substitute check. These
numbers correspond with the numbers on the Substitute Check Image:

• An image of the original check appears in the upper right-hand corner of the substitute check.
• A substitute check is the same size as a standard business check.
• The information in asterisks relates to the “reconverting bank”—the financial institution that created
the substitute check.
• The information in brackets (appears sideways facing check image) relates to the “truncating bank”—
the financial institution that took the original check out of the check processing system.
• The Legal Legend states: This is a LEGAL COPY of your check. You can use it the same way you would
use the original check.
• The MICR lines at the bottom of the image of the original and at the bottom of the substitute check
are the same except for the “4” at the beginning of the MICR line on the substitute check, which
indicates that it is a substitute check being moved forward for collection purposes. It is also possible
for the MICR line on the substitute check to begin with a “5” if the item is being returned. The rest of
the MICR line is the same as the original check to ensure that it is processed as though it were the
original.
What Are My Rights Regarding Substitute Checks?

In certain cases, federal law provides a special procedure that allows you to request a refund for losses you
suffer if a substitute check is posted to your Account (for example, if you think that we withdrew the wrong
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amount from your Account or that we withdrew money from your Account more than once for the same
check). The losses you may attempt to recover under this procedure may include the Amount that was
withdrawn from your Account and fees that were charged as a result of the withdrawal (for example, bounced
check fees).

The amount of your refund under this procedure is limited to the amount of your loss or the amount of the
substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your
Account is an interest-bearing Account. If your loss exceeds the amount of the substitute check, you may be
able to recover additional amounts under other law.

If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your Account earns
interest) within 10 business days after we received your claim and the remainder of your refund (plus interest
if your Account earns interest) not later than 45 calendar days after we received your claim.

We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the
substitute check was correctly posted to your Account.

How Do I Make a Claim for a Refund?

If you believe that you have suffered a loss relating to a substitute check that you received and that was
posted to your Account, please contact us at 877-448-6500 or in writing at CIBC Bank USA 6825 West 111th
Street, Worth, Illinois 60482. You must contact us within 40 calendar days of the date that we mailed (or
otherwise delivered by a means to which you agreed) the substitute check in question or the Account
statement showing that the substitute check was posted to your Account, whichever is later. We will extend
this time period if you were not able to make a timely claim because of extraordinary circumstances.

Your claim must include:

1. A description of why you have suffered a loss (for example, you think the amount withdrawn was
incorrect);
2. An estimate of the amount of your loss;
3. An explanation of why the substitute check you received is insufficient to confirm that you suffered a
loss; and
4. A copy of the substitute check or the following information to help us identify the substitute check:
the check number, the amount of the check, and the name of the person to whom you wrote the
check.

IMPORTANT CONTACT NUMBERS:

Client Support Center

(877) 448-6500

ATM/Debit Card (Lost/Stolen)

(800) 236-2442

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CIBC Bank USA Automated

Telephone Banking

( 8 77) 8 2 5- 55 5 4

Information regarding Branch Locations and Operating Hours can be found at:

https://us.cibc.com/en/about-us/locations.html

CIBC Bank USA Privacy Notice is available online at: https://us.cibc.com/en/legal/privacy-notice.html

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