Microsoft word - _66790659___6__bofa - revised electronic communications disclosure 4-28-11 _5_ updated.docx
Electronic Communications Disclosure Note: This Electronic Communications Disclosure (“eCommunications Disclosure”) applies to communications that we are legally required to provide to you in writing and other communications that we provide to you in connection with any or all of your accounts, products and services. Please read this eCommunications Disclosure thoroughly – It contains important information about your legal rights. This eCommunications Disclosure covers all of your accounts, products, and services with Bank of America, Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and their affiliates (collectively, “we”, “us”, and “our”). This includes, but is not limited to, the following account, product, and service types: deposit accounts, credit card, loan, brokerage accounts, investment advisory, insurance policies and other services. The words “you” and “your” mean each account holder and owner, product owner and service user identified on an account, product or service and anyone authorized to act or receive communications on your behalf. (1) Your Legal Rights
Certain laws and regulations require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this eCommunications Disclosure and obtain your consent to receive the information electronically. Your consent will also apply to any other person named on your account, product or service, subject to applicable law. Since certain of our products or services are provided online and use electronic means to deliver some of this information, you must consent to this eCommunications Disclosure in order to use these services. At times, we may still send you paper communications, but as a basic proposition we need to know that you consent to receive communications electronically that we may otherwise be required to deliver on paper and that you have the hardware and software needed to access this information (and note that, in Sections 3 & 8 below, we explain ways to obtain selected communications on paper even after you have consented to this eCommunications Disclosure). You agree that your consent to electronic delivery covers communications by us, our agents and third parties whose products or services are provided to you through arrangements with us.
(2) Types of Electronic Communications You Will Receive
You understand and agree that we may provide to you in electronic format only, by posting the information on the website where you access your accounts, products or services, by sending you a CD-ROM, through e-mail (if applicable and if you have provided a valid e-mail address) or other electronic means, all agreements, disclosures, notices, and other information and communications regarding your accounts, products and services, the use of our websites or other online services, your relationship with us, and other programs, products or services that are or may be in the future made available to you (collectively, “Communications”). Such Communications may include, but are not limited to:
• This eCommunications Disclosure and any updates or amendments to this eCommunications
• Service or user agreements for online access to our websites, all updates and amendments to these
agreements and all disclosures, notices and other communications regarding transactions you make through these websites;
• Disclosures, agreements, notices and other information related to the opening, initiation or
maintenance of an account, product or service offered or provided by us, including, but not limited to, account agreements, fee schedules or other disclosures or notices that may be required by applicable federal or state laws or regulations (including, without limitation the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act, the Internal Revenue Code, and the federal securities laws);
• Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or
operation of an account, product or service including, but not limited to, account information, account activity, account inactivity, payments made or due, or other statements, disclosures or notices that may be required by applicable federal or state laws or regulations;
• Account disclosures, agreements, statements, trade confirmations, tax reporting statements, financial
statements, shareholder notices, prospectuses, offering circulars and documents, official statements, service notices and performance reports regarding accounts, products and services;
• Any notice or disclosure regarding an account, product or service fee, such as a maintenance or
margin call or other notice of the disposition of collateral (which you agree will constitute reasonable authenticated notice when sent electronically), a late fee, an overdraft fee, an overlimit fee, a fee for a
draft, check or electronic debit returned for any reason, such as insufficient funds fee or a fee as a result of a stop payment order;
• Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms
and conditions applicable to accounts, products or services you obtain from us;
• Certain tax statements or notices, such as the annual IRS interest statements; and
• Certain information or forms that we request from you and ask you to submit electronically, such as
signature cards, W-9s, or other agreements.
Communications transmitted electronically to you as described in this eCommunications Disclosure will be deemed to have been delivered to you whether or not you have actually received, accessed or opened them. You understand that you may be deemed to have received certain Communications (such as prospectuses, official statements and other Communications that do not contain personal nonpublic information) when they are posted to a publicly available website.
(3) Setting Your Electronic Communications Preferences
You will still be able to set your preferences to receive Communications in (1) both electronic and paper format; (2) electronic format only; or (3) paper format only. Setting your Communications preferences by certain categories may not be available for all products, accounts or services. For more information on the availability of your electronic communications preference management options, please refer to the appropriate electronic communications preference page on the website where you access your Communications. If you decide to receive some Communications in paper and some electronically, the Communications that you receive electronically will be governed by this eCommunications Disclosure. Unless you specify otherwise, your preferences apply to all of your current and future relationships with us and all programs, products and services that are or may be in the future made available to you. We may expand the Communications we deliver to you electronically or change the categories to which Communications may be assigned. If you have set your preferences to receive certain categories of Communications electronically, your election will automatically apply to any new or existing Communication that we assign to that category.
(4) Types of Communications You Will Receive in Paper
This eCommunications Disclosure does not apply to any communications that we determine, in our sole discretion, we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form. Such communications shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.
(5) Hardware and Software Requirements
While you may be able to access and retain the Communications using other hardware and software, your personal computer and Internet browser need to meet certain minimum requirements established by us relating to security and encryption.
For Online Banking:
• Windows 98, NT, 2000, ME, XP, Vista or Windows 7; or
• Access to the Internet and an Internet browser which supports HTML 4.0 and SSL-encryption and
• For PC using Windows 98, NT, 2000, ME, XP, Vista or Windows 7
• Microsoft Internet Explorer 7.0 and higher
• For Macintosh using OS 10.x
• Safari 3.0 and higher (for OS 10 only)
For Merrill Lynch brokerage websites:
• You must have access to a personal computer with browser software such as Microsoft Internet
Explorer; Adobe Acrobat Reader; and Internet access (at your cost).
• Browser and reader versions necessary to view the Merrill Lynch brokerage websites are as follows:
• Microsoft Internet Explorer version 6.0 and later
Most Communications provided within our websites are provided either in HTML and/or PDF format. For Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required – A free copy of Adobe Acrobat Reader may be obtained from the Adobe website at www.adobe.com.
In certain circumstances, some Communications may be provided by e-mail. You are responsible for providing us with a valid e-mail address to receive delivery of Communications.
To print or download Communications you must have a printer connected to your computer or sufficient hard-drive space (approximately 1 mg) to store the Communications.
(6) How to Withdraw Your Consent to this eCommunications Disclosure
Subject to applicable law, you may withdraw your consent to this eCommunications Disclosure by calling the appropriate toll-free customer service phone numbers. For Online Banking the customer service phone numbers are available through the Customer Service Page. For other Bank of America websites, please access the “Contact Us” link to find the appropriate phone numbers. You will not be charged a fee for withdrawal of your consent. Merrill Lynch currently maintains separate consent withdrawal processes. For online Merrill Lynch clients who wish to withdraw their consent to the eCommunications Disclosure for their Merrill Lynch products and services, please contact 1800 MERRILL for assistance. For products or services that are provided online (such as Online Banking), if you withdraw your consent to this eCommunications Disclosure, we may stop providing you with Communications electronically and we may terminate your enrollment in or access to the applicable service.
Your withdrawal of consent is effective only after you have communicated your withdrawal to us by calling the appropriate customer service phone numbers and we have had a reasonable period of time to act upon your withdrawal. Your consent shall remain in force until withdrawn in the manner provided in this section. You agree that neither your withdrawal of consent, nor our delivery of paper copies at your request or otherwise will imply that the previous electronic delivery of Communications did not constitute good and effective delivery to you.
(7) Consent Coverage; Certain Notices From You Are Not Covered. Applicable law or contracts sometimes require you to give us "written" notices. You must still provide these notices to us on paper. Your consent here does not relate to those notices. (8) Obtaining Copies of Electronic Communications. You may print or make a copy of Communications by using the “Print” button (or otherwise using your printing functionality) or saving a copy - do this when you first review the Communications because after submission we do not necessarily keep them all in a place that you can access. Upon request, we will provide you with a paper copy of any Communications provided electronically by us to you pursuant to this eCommunications Disclosure, provided we receive your request within 12 months after the date the Communication was first made available to you electronically. You may request a paper copy of these Communications by calling us at the appropriate toll-free customer service phone number for your account, product or service. Please refer to the Customer Service Page within the applicable website or the “Contact Us” link on our website to find the appropriate customer service phone number.
Be sure to specify your account, service or product identification number, as applicable, the specific Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of the Communications.
(9) Updating Your Contact Information
In the event that your e-mail address or other contact information is changed, you must notify us of such changes immediately through one of the following methods:
• For Online Banking, access the Customer Service page within Online Banking and click the
appropriate links on “Your Profile Information” to update your contact information.
• For Merrill Lynch websites, access the Profile page and click on the appropriate links on the “Personal
Information” page to update your contact information; or
• Calling the appropriate toll-free customer service phone number and communicate the contact
Until we have received and had a reasonable time to act on any notice of a change in your e-mail address, you agree that we may continue to send Communications to your previous e-mail address, and any such Communications will be deemed to have been delivered to you regardless of whether you have actually received, accessed or opened them.
time by sending written or electronic notice of the amendment to you. The amendment will be effective on the date contained in the notice. Any use of accounts, products or services you obtain from us after such date will constitute your agreement to such amendment.
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