Sunny Day Fund

Automate and incentive savings behavior for your employees.

Sunny Day Fund Employee Savings Agreement

SUNNY DAY FUND EMPLOYEE SAVINGS AGREEMENT

Sunny Day Fund is providing this Agreement to you on behalf of Portage Bank (“the Bank”), Member FDIC. Sunny Day Fund is a partner of the Bank for some purposes and will be responsible for carrying out some of the Bank’s responsibilities under this Agreement as its agent, including receiving notices from you, responding to any notices relating to questions or complaints concerning your Account, and carrying out other responsibilities described in this Agreement. Accordingly, where we are responsible for matters under this Agreement, those matters may be handled either by Sunny Day Fund or by the Bank directly.

Our Relationship with You. This Agreement and the relationship between you and the Bank, is that of debtor and creditor, and the Bank owes no fiduciary duty to you. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS AND SERVICES OFFERED BY SUNNY DAY FUND ARE NOT ENDORSED OR GUARANTEED BY THE BANK AND THE BANK ASSUMES NO LIABILITY FOR PRODUCTS OR SERVICES PURCHASED OR OFFERED BY SUNNY DAY FUND OR SUNNY DAY FUND USERS OTHER THAN THE SERVICES PROVIDED IN THIS AGREEMENT. You understand that Sunny Day Fund and the Bank are not joint venturers with each other. Nothing in this Agreement is intended to be read or understood as making Sunny Day Fund and the Bank joint venturers or impose any liability as such on either of them. Unless otherwise expressly stated in this Agreement, Sunny Day Fund has no authority to act or represent the Bank in any way. The Bank provides the services under this Agreement in part through one or more service providers that the Bank has engaged to render some or all of such services to you on the Bank’s behalf, including Sunny Day Fund. You agree that Sunny Day Fund and any other such service providers are third-party beneficiaries of this Agreement, which means they can enforce the Agreement against you. You understand and agree that the Bank is exculpated from any and all liability arising with respect to any of the Bank services or other aspects of this Agreement to the fullest extent permitted by law.

This Employee Savings Agreement (this “Agreement”) governs the interest-bearing employee emergency savings account (the “Account” or “Savings Account”) made available to you by Sunny Day Fund Solutions Inc. (“Sunny Day Fund”), as a program manager and technology partner of Portage Bank (“the Bank”).  Access to your Account and the services under this Agreement is available only through the website and/or mobile web application (the “Application”) of Sunny Day Fund that is responsible for making the services available to you and as a result, some services under this Agreement may not be available to you. You should review your agreement with Sunny Day Fund for a complete list of services available. As used in this document the words “we”, “our”, and “us” refer to the Bank and Sunny Day Fund, our successors, affiliates, or assignees, and the words “you”, and “your” refer to the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the Account.

This Agreement, along with any other documents we give you pertaining to your Account(s), is a contract that establishes the rules that govern your Account(s) with us. This Agreement covers any account opened through Sunny Day Fund that you may have with us now, or in the future, and that is used primarily for consumer purposes. This Account is not designed for business use, and we may close the account if we determine it is being used for business purposes. If you sign a written or electronic signature card or open an Account with us, you agree to the most recent version of this Agreement, which is available to you at https://sunnydayfund.com/support/#legalresources or by calling us at the number listed on the last page of this Agreement. This Agreement may be changed by us from time to time, as described in this Agreement.  This Agreement also includes the Bank’s Privacy Policy, any other agreement you enter into with us, and any other terms and conditions made available to you by us on Sunny Day Fund’s website or the Application (collectively the website and Application are the “Sunny Day Fund Website”).

Access to your Account and the services offered under this Agreement is limited to your use of the Sunny Day Fund Website and/or the Application unless we notify you otherwise. YOU UNDERSTAND THAT BY OPENING AN ACCOUNT THROUGH THE SUNNY DAY FUND WEBSITE, YOU AUTHORIZE THE BANK TO ACCEPT ALL INSTRUCTIONS PROVIDED TO THE BANK BY SUNNY DAY FUND ON YOUR BEHALF.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT. To 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. What this means for you: 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 to see your driver’s license or other identifying documents.

SUNNY DAY FUND EMERGENCY SAVINGS ACCOUNT (ESA)

September 01, 2024

This disclosure contains information about terms, fees, and interest rates for your account.

Interest Rates and Annual Percentage Yields are current as of 08-22-2024.

For current rate information call (571) 397-2975 or email support@sunnydayfund.com.

Rate Information: This Account is an interest-bearing account. The interest rate on the account is 4.40% with an annual percentage yield of 4.50%.

The interest rate and annual percentage yield may change. The interest rate on the account is based on 82.5% of the Federal Reserve Bank of New York’s Effective Federal Funds Rate, as of the first of the month, as stated on the Federal Reserve Bank of New York’s website (https://www.newyorkfed.org/markets/reference-rates/effr). We may change the interest rate on the account at any time and Sunny Day Fund will provide notice of such change at least ten (10) days in advance of the change taking effect. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest will be compounded daily and will be credited to the account monthly, on the 10th day of each month. If the account is closed before interest is credited, you will not receive the accrued interest.

Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to the principal in the account each day. You must maintain a minimum balance of $0.01 in the account each day to obtain the disclosed annual percentage yield.

Limitations: The maximum daily withdrawal limit is $5,000.00 per day. Your account is also subject to any withdrawal limitations pertaining to savings accounts regulated by law.

Account Fees: The following fees apply to this account:

  • ACH withdrawal – normal processing: $0.05
  • Expedited ACH/Wire withdrawal – may process same day: $2.00, and
  • Withdrawal by paper check: $2.00

Eligibility. The Account is available to consumers who are employees of Sunny Day Fund’s employer customers, and those who have since been terminated from employment after becoming an account holder. Consumers must be citizens, permanent residents, or non-permanent resident alien in the United States on a valid long-term visa, at least 18 years of age, and with a valid Social Security Number or a Tax Identification Number. All deposits and withdrawals must be in U.S. dollars only. You must agree to accept electronic, rather than paper statements, as provided above. This means; (i) you must keep us supplied with your valid email address; and (ii) you must agree to accept electronic delivery of all account communications (such as end-of-year tax forms and electronic statements). If you do not do so, you may not open an Account. If you withdraw your consent, we may close your Account.

GENERAL FUNDS AVAILABILITY

Availability. We make funds available according to the type of deposit and when the funds are applied or credited to Account. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers or payments, or, if available, transactions using your debit card during the hold period. We have the right to refuse any deposit. If final payment is not received on any item you have deposited Into Account, or if any direct deposit or ACH transfer is returned to us for any reason, you agree to pay us the amount of the returned item. The length of the delay in the availability of funds will vary depending on the type of deposit.

Business Days. The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to Account. For the purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received after the cut-off times provided in this Agreement or on a day the Bank is not open will be processed the following business day that the Bank is open.

Same Day Availability. Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments will be available on the day the deposit is applied to Account. ACH Credits received from an external bank account will be applied to the Account when we have verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same day availability.

Longer Availability. Electronic transfers depositing into the Account initiated through the Sunny Day Fund may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached us.

ELECTRONIC FUNDS TRANSFER AGREEMENT AND DISCLOSURES

This Agreement and Disclosure is made in compliance with federal law regulating electronic funds transfer (EFT) services. Electronic funds transfers are electronically initiated transfers of money involving an account at the Financial Institution. The following disclosures set forth your and our rights and responsibilities concerning the electronic funds transfers. In this Agreement, the words “you” and “your” mean those who sign as applicants or any authorized user(s). The words “we”, “our”, and “us” refer to the Bank and Sunny Day Fund, our successors, affiliates, or assignees, and the words “you”, and “your” refer to the account holder(s) and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the Account. The word “code” & “codes” refer to your User ID & Password &/or Biometrics.

Sunny Day Fund – Online

Password Security and Multifactor Authentication. You are responsible for maintaining adequate security and control of any and all User IDs and Passwords that you use to access the Account. You are also required to complete multifactor authentication, enabling greater security through confirmation of a live access code delivered via your email on record or an authenticator application. Do not discuss, compare, or share information about your account number or password unless you are willing to give them full use of your money. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third parties and the loss or theft of any funds held in your Account and any associated accounts, including your Account. Checks and electronic withdrawals are processed by automated methods, and anyone who obtains your account number or access device could use it to withdraw money from your account, with or without your permission. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your account login credentials due to no fault of ours and/or your failure to follow or act on any notices or alerts that we may send to you. If you believe your Account information has been compromised, or that someone has transferred or may transfer money from your account without your permission, contact us immediately, through Sunny Day Fund, at support@sunnydayfund.com or call at +1 (571) 397-2975. You agree to promptly review all Account and transaction records and other Communications that we make available to you and to promptly report any discrepancy to us.

Types of Transactions: You may access certain account(s) you maintain with us by computer, using User ID & Password &/or Biometrics, through the online banking service. You may use the online banking service to perform the following functions:

  • Obtain balance information on eligible accounts
  • Review transactions on eligible accounts
  • Request withdrawal from savings account
  • Receive account alerts
  • Obtain copy of statement
  • Request to open a new account
  • ACH origination
  • Wire transfers
  • Allow export of transaction history

Limitations on Frequency and Amount:

  • The maximum daily withdrawal limit is $5,000.00 per day. Your account is also subject to any withdrawal limitations pertaining to savings accounts regulated by law.
  • For security purposes, there are limits on the frequency and number of transfers you may make using this Online Banking Service.

Fees and Charges for Online Service:

  • There is no charge for online banking with us.

Preauthorized Debit

Types of Preauthorized Transfers: You may arrange for us to complete the following preauthorized transfers to or from your deposit accounts:

  • You may arrange with another party, such as your employer or a government agency (if enabled by Sunny Day Fund), to electronically deposit funds on a one-time or recurring basis directly to your Account.
  • You may arrange with another party to make one-time or recurring charges to your Account to make a utility payment or to pay other bills (if enabled by Sunny Day Fund).

Fees and Charges:

  • $0.05 for requesting an ACH withdrawal from your Account to an external account – normal processing
  • $2.00 for requesting an expedited ACH/Wire withdrawal that may process in the same day
  • $2.00 for requesting a withdrawal by a mailed, paper check.

Other EFT Transactions. You may access certain account(s) you maintain with us by other EFT transaction types as described below.

  • Electronic Transfers via ACH. You may originate transfers as allowed or limited by Sunny Day Fund to and from your Account via ACH as provided in Section 4 of this Agreement. These requests must be made via the Sunny Day Fund. In the case of electronic transfer requests from an external bank account to your Account, we will complete such requests only if the funds are being transferred from your linked external account
  • Next Day ACH. Cut-off Time. The cut-off time for scheduling a next day ACH transfer is 4:00 p.m. Pacific Time. Any next day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled on the next business day. In some circumstances, transactions may be delayed for risk or compliance reasons.
  • Same Day ACH. Cut-off Time. The cut-off time for scheduling same day ACH transfers (if enabled on Account) is 9:00 a.m. Pacific Time. If enabled by Sunny Day Fund, the Same Day ACH means that the transfer will be performed within one (1) business day. Any same day ACH transfer scheduled after the cut-off time will be treated as if it were scheduled as next day ACH transfer. In some circumstances, transactions may be delayed for risk or compliance reasons.
  • Electronic Transfers Using Account Number. If enabled by Sunny Day Fund, you may authorize a third-party to transfer funds to and from Account by providing Account number and your routing number to such third-party. Account information should only be provided to trusted third parties authorized to initiate the electronic funds transfers.

In addition to the limitations set forth above, the following limitations may be applicable to your consumer accounts:

Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your online banking User ID & Password &/or Biometrics (“codes”) have been lost or stolen or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two (2) business days after you learn of the loss or theft of your codes, you can lose no more than $50.00 if someone used your code without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your code, and we can prove that we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe that your code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call (571) 397-2975, or email us at support@sunnydayfund.com.

Liability for Unauthorized Transfers. If your statement shows any transfer that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any money lost after the sixty (60) days if we can prove that we could have stopped someone from making the transfers if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe that someone has transferred or may transfer money from your account without your permission, call (571) 397-2975, or email us at support@sunnydayfund.com.

Business Days. For purposes of these electronic funds transfer disclosures, our business days are Monday through Friday. Holidays are not included.

Documentation.

  • Periodic Statement. You will get a monthly account statement from us.

Our Liability for Failure to Make 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 the money in your account is subject to legal process or other claim restricting such transfer.
  • If the transfer would go over the credit limit on your overdraft line.
  • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
  • There may be other exceptions stated in our agreement with you.

In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (571) 397-2975, or email us at support@sunnydayfund.com as soon as you can, if you thinkyour statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from youno later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared.

  • Tell us 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 ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have 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 ten (10) business days, we may not credit your account.

If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) 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:

  • To complete transfers as necessary
  • To verify the existence and condition of your account upon the request of a third party, such as a credit bureau or merchant
  • To comply with government agency or court orders; or
  • If you give us your written permission

Notices. All notices from us will be effective when we have mailed them or delivered them to your last known address on our records. Notices from you will be effective when received by us at the telephone number or the address specified in this Agreement. We reserve the right to change the terms and conditions upon which this service is offered. We will mail notice to you at least twenty-one (21) days before the effective date of any change, as required by law. Use of this service is subject to existing regulations governing your account and any future changes to those regulations.

Enforcement. In the event either party brings a legal action to enforce this Agreement or collect amounts owing as a result of any Account transaction, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, including fees on any appeal, subject to any limits under applicable law.

Preauthorized Electronic Fund Transfers. For preauthorized electronic fund transfers on consumer accounts, the following provisions apply:

  • Stop Payment Rights. If you have told us in advance to make regular electronic fund transfers out of your account(s), you can stop any of these payments. Here’s how: Call us or write to us at (571) 397-2975 or email us at support@sunnydayfund.com, in time for us to receive your request three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. We will not charge you for stop payment orders on these payments.
  • Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Electronic Records and Communications Act disclosures.

ELECTRONIC COMMUNICATIONS AGREEMENT

Your Consent to Electronic Signatures. By accepting this Agreement, you understand that: (i) electronically signing and/or submitting any form(s) or document(s) to Sunny Day Fund legally binds you in the same manner as if you had signed in a non-electronic form, and (ii) the electronically stored copy of your signature, any written instruction or authorization and any other document provided to you by Sunny Day Fund is considered to be a true, accurate and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. You agree not to contest the admissibility or enforceability of Sunny Day Fund’s electronically stored copy of this Agreement and any other documents.

Your Consent to Electronic Communications. To the fullest extent permitted by law, this Agreement, account statements, notices, legal and rate disclosures for your Account, updates and changes to this Agreement, or other service agreements and other communications (collectively, “Communications”) from us to you regarding your Account(s) and related services with us may be provided to you electronically, and you consent and agree to receive all those communications in an electronic form. Electronic Communications may be posted on the pages within the Sunny Day Fund Website and/or delivered to your email address. You may print a paper copy of or download any electronic communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. We reserve the right to provide Communications in paper format.

Your consent to receive Communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive Communications electronically, Sunny Day Fund will terminate your right to use the Sunny Day Fund Website, including the Application, or to obtain or maintain Account(s) and related services, and you accept sole liability for any losses, liabilities, cost, damages and expenses resulting from such an involuntary termination of your Account(s) and related services, to the extent permitted by law.

Your Review of Communications. Please review promptly all Communications we deliver or make available to you. If Communications are mailed to you, they will be delivered to you at the postal address shown in our records. If Communications are sent to you electronically, they will be delivered to you at the email address shown in our records or made available to you on the Sunny Day Fund Website and/or Application. We will retain printable versions of your Account statements for seven (7) years or longer periods as may be required by applicable law. You agree to give Sunny Day Fund immediate notice of any change of your postal or email address.

Reporting to You (Statements). Statements will be made available to you to view and/or print on the Sunny Day Fund Website and/or Application. We will send an email notification when the statements are available online on a periodic basis at approximately monthly intervals. The Account Statement will describe each item, date of credit or debit, and the respective amount. Electronically delivered Statements will provide all information available in paper statements.

Account statements will be considered to be correct unless you notify us, through Sunny Day Fund, of any errors within sixty (60) days of becoming available. Carefully review your statement each statement cycle and notify us of any errors within sixty (60) days of your statement becoming available. The Bank will not be liable to you for any error that you do not report to the Bank within that period of sixty (60) days.

Consent to this agreement is a requirement of having a Sunny Day Fund account. In order to withdraw your consent, you will need to close your Sunny Day Fund account.

In order to receive the categories of information referenced above by electronic communication, you must have the following hardware and software requirements:

  • A personal computer
  • Microsoft Windows 11 or Mac OS 12 or higher
  • a secure (encrypted) Web Browser (current or actively maintained versions of: Microsoft Edge, Chrome, Mozilla Firefox, or Apple Safari)
  • Internet access through an Internet Service Provider (ISP)
  • a valid email address
  • an iPhone or Android mobile phone running current versions of Apple iOS or Google Android, respectively
  • for viewing electronic account statements, Adobe Reader. To download a free copy of Adobe Reader, please visit http://get.adobe.com/reader/

We may change these requirements from time to time. If any of these requirements are changed, we will update this document accordingly.

DEPOSIT ACCOUNT AGREEMENT AND DISCLOSURE

INTRODUCTION. In this Deposit Account Agreement and Disclosure, each and all of the depositors are referred to as “you” and “your.” Sunny Day Fund and Portage Bank are referred to as “we,” “our,” and “us.” This Deposit Account Agreement contains the terms and conditions governing certain of your deposit accounts with us. As used in this document, the term “Agreement” means this document, the signature card, Truth in Savings disclosures (“TISA”), and an Electronic Funds Transfer Agreement and Disclosure, if applicable. Each person signing the signature card for a deposit account acknowledges receipt of this Agreement and agrees to the terms set forth in the Agreement, as amended from time to time. You agree that we may waive, in our sole discretion, any fee, charge, term, or condition set forth in this Agreement at the time the Account is opened or subsequent thereto, on a one-time basis or for any period or duration, without changing the terms of the Agreement or your obligation to be bound by the Agreement, and we are not obligated to provide similar waivers in the future or waive our rights to enforce the terms of this Agreement.

DEPOSIT ACCOUNTS. From time to time, we may offer, or you may open a variety of deposit accounts. Each such account (the “Account”) is subject to the general terms and conditions and any specific terms and conditions relating to that type of account that may be set forth in this Agreement. If you open multiple Accounts, you may receive TISA information for each Account, but this Agreement will cover all your Accounts with us. You will be liable to us for debit balances in the Account, and promise to pay, upon demand, any and all debit balances, all fees and charges, and our reasonable attorneys’ fees and costs and expenses of collection, including but not limited to those incurred at trial and on any appeal.

FDIC Insurance. For any deposit accounts you open, the FDIC requires the Bank to disclose, and you hereby acknowledge, that deposits held by Portage Bank are insured up to the $250,000 federal deposit insurance limit, per depositor for each ownership category in totality at the Bank.  FDIC deposit insurance coverage only protects against the failure of an FDIC-insured depository institution, not the failure of Sunny Day Fund Solutions, Inc. For more information, visit: https://www.fdic.gov/resources/deposit-insurance/brochures/insured-deposits.

INTEREST. The following information applies: (A) Payment of Interest. We will pay interest at the annual rate specified on the TISA, which does not reflect compounding (“Interest Rate”). The TISA also sets forth the frequency of interest payments, the frequency of any compounding and crediting, the interest accrual basis, the balance on which interest will be paid, and any minimum balance requirements. (B) Interest Compounding and Crediting. The TISA will indicate the interest compounding and crediting frequency for your Account. Compounding generally means that interest is being accrued on earned interest. Interest may be compounded more frequently than interest is credited to your Account. (C) Interest Accrual. We may accrue interest on your Account more frequently than we pay or credit interest. The interest that has been calculated, but not paid to the Account, is called accrued unpaid interest. (D) Changes. We have the right to change the rates and fees in accordance with the terms of the TISA. We also reserve the right to change any other term of this Agreement at our sole discretion.

FEES AND CHARGES. Subject to applicable law, you agree to pay us the fees and charges shown in the TISA as are applicable to your Account or for other services performed by us. You agree the fees and charges may be changed by us from time to time and authorize us to charge your account for their payment whether or not each charge results in an overdraft of your account. Existing and future charges may be based upon the overall costs of providing account services and may or may not be based upon the direct cost or expense associated with providing the particular service involved. The charges may be based on consideration of profit, competitive position, deterrence of misuse of account privileges by customers, and the safety and soundness of the financial institution. We will notify you of the changes, to the extent required by law.

BALANCE METHODS. As used in this Agreement, the “daily balance” method means “the application of a daily periodic rate to the full amount of principal in the account each day.”

DEPOSIT RULES. The following terms apply to deposits made to your Account: (A) Deposits to the Account. You understand that this Account is being opened for the purpose of receiving deposits from your employer(s). Accordingly, unless otherwise notified, only your employer(s) may deposit funds into your Account. (B) Linking Bank Accounts. If enabled by Sunny Day Fund for your Account, you may link an account with us or an external account at a third-party financial institution for online transfers between your linked account(s) and your Account. If enabled by Sunny Day Fund, you may link your external account(s) with your Account by (i) logging into your financial institution on Sunny Day Fund’s Website or Application, or (ii) by providing the account and routing details for the external account and verifying the two (2) micro deposits we send to your external account the next business day. We may also verify your control of the external account by requiring you to submit proof of ownership of the external account(s). All linked accounts must be with financial institutions in the United States. We may decline the use of any external account that we believe may present a risk to you and/or us. By linking your external account to your Account, and by subsequently logging into your linked account(s) through the Sunny Day Fund Website or Application, you authorize us to view your account history and profile, including, but not limited to, your account and routing details, authentication details, balance, transaction history, contact information, and other related information made available by such external financial institution; and you understand this information may be used to transact on your behalf and perform other services subject to our Privacy Policy. When adding an external account, you represent and warrant that you are the owner of and have the right to access, use and authorize us to use the account for information and funds transfer purposes. If any of your linked accounts has a joint account holder, you represent and warrant that the joint account holder has consented for you to represent both you and them, and to use the external account with the Sunny Day Fund service. If you do not have such consent, you should not use that external account, and we will terminate your use of the linking service if we are notified of such a situation. If you close any of your external accounts, you are responsible for removing it as an account eligible for the linking service to avoid any transaction failure and possible charges related to a failed transaction. We are not responsible for any acts or omissions by the external financial institution or other provider of any linked external bank account, including, without limitation, any modification, interruption, or discontinuance of any linked external bank account by such financial institution, service provider or Sunny Day Fund. (C) Direct Deposits. If enabled by Sunny Day Fund for your Account, your Account number and bank routing number may be used for the purpose of initiating direct deposits to your Account. The recipient’s name on any direct deposit(s) we receive must match your name. Any direct deposits received in a name other than the name registered to the Account will be returned to the originator. If your Account number changes you must immediately notify your employer or any other payors. You must provide them with the new Account number to ensure that your direct deposit activity continues uninterrupted.  (D) No Deposits in Cash, Paper Checks or Foreign Currency. Bank will only accept funds deposited electronically through the services and Application provided by Sunny Day Fund. We are not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by us. We do not accept deposits in cash, personal checks, cashier’s checks, money orders or in foreign currency. If we receive any of those instruments by mail, we will return it to the address we have for you on file. Only deposits made in accordance with the terms of this Agreement will be accepted. (E) Our Right to Charge Back Deposited Checks or Electronic Transfers. If you deposit a check or receive an electronic transfer as provided in this Agreement and (i) the paying bank returns it to us unpaid; (ii) the paying bank or the issuer of a check demands that we repay them because the check was altered, forged or unauthorized, is missing a signature or endorsement, or has a forged endorsement; or (iii) the sending bank or the originator of an item demands that we return the item because it was unauthorized, sent to the wrong account number or procured by fraud, we may pay the return or demand, and subtract the funds from your Account. If we have reason to believe that any of the events in the previous sentence have occurred or may occur or that the check or other item should not have been paid or may not be paid for any other reason, we may place a hold on the funds or move them to a non-customer account until we determine who is entitled to them. (F) Right to Reject Any Deposit. We may refuse any check for deposit, with or without cause, or may elect to take a check on a collection basis only. We are under no obligation to accept any item, wire, electronic funds transfer, or other transaction for deposit to your Account or for collection, and we may refuse to cash or give value for any such item. We may restrict access to any deposit credited to your account that violates any laws of the United States, including those giving rise to OFAC sanctions. Unless the Bank specifically permits you to do so, you may not deposit any substitute check that has not been previously handled by a bank in the collection process. This means you cannot deposit a substitute check you create, or one that is created by another person, unless we enter into an agreement to do so. Nevertheless, if a substitute check is received for deposit, you will be responsible for any losses you or another person suffers relating to that substitute check.

WITHDRAWAL RULES. The following terms apply to withdrawals from your Account: (A) Manner of Withdrawal. You may make withdrawals from your Account in any manner that is permitted by us for the type of Account that you have opened. Withdrawals and transfers from your Account may be restricted as provided in the Agreement, or in the TISA, or by applicable law. (B) No Overdrafts. You are not permitted to overdraw your Account. If the available balance in your Account is not sufficient to cover any payment or withdrawal you have authorized, we may refuse to process the payment or withdrawal. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. If your Account has a negative balance and you have another account with us, we reserve the right to exercise our right to set off. See section (C) below.  If your Account has a negative balance for sixty (60) calendar days or more it will be closed. If you fail to pay the amount of any overdraft, we reserve the right to refer your overdrawn account to an attorney for collection, and you agree to pay all reasonable expenses, including, but not limited to, reasonable attorney’s fees and court costs incurred by us as a result of your account being overdrawn. (C) Right to Set Off. If your Account balance becomes and remains negative, we can use the funds in any of your accounts with us to repay the negative balance in your Account without any further notice to or demand on you. Moreover, we have the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with us. Further, you grant us a lien on and security interest in the funds deposited in each of your account(s) as security for all of your liabilities and obligations to us, now or in the future. (D) Notice Requirements. Federal regulations require us to retain the right to require you to give at least seven (7) days’ notice in writing prior to any intended withdrawal from your savings account. Although we usually pay withdrawals without notice on these accounts, doing so does not mean that we give up this right. (E) Power of Attorney. The person executing a power of attorney will be referred to as the principal and the person acting for the principal as the agent. We may refuse to comply with a power of attorney for reasonable cause, or until we receive an affidavit from the agent stating that the Power of Attorney presented is a true copy and that, to the best of the agent’s knowledge, the principal is alive and that the relevant powers of the agent have not been altered or terminated. (F) Internet Gambling; Illegal Transactions. We may, but are not required to, deny authorization for any internet gambling transactions. You agree not to use your Account or our services for online gambling or any illegal activity. We may refuse to process any transaction that we believe may violate the terms of this Agreement or applicable law. You acknowledge and agree that we have no obligation to monitor, review or evaluate the legality of your transactions and Account activity. You agree that using Bank services or your Account for illegal activity will be deemed an action of default and/or breach of contract and, in such event, our services and/or any of your Accounts may be terminated at our discretion. You further agree that should illegal use occur, you waive any right to sue us for such illegal use or any activity directly or indirectly related to it, and you agree to indemnify and hold us harmless from any suits, legal action, or liability directly resulting from such illegal use. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.

Limits on Transfers from your Savings Account. Currently there are no limits to the number of transactions from the Savings Account per most recent federal regulations. However, prior federal regulations limited the number of transfers from the Savings Account to six (6) per statement cycle. If such limits were reintroduced by federal regulations, any transfers initiated from the Savings Account to an external linked account after the sixth transfer via the Website or Application will be blocked until the start of the next statement cycle; and in such a case, at the beginning of the next statement cycle, access to transfer from the Savings Account will be restored to six (6) for that cycle.

SAVINGS ACCOUNTS. A savings account is an interest-bearing account used to hold your deposits and make limited number of online transactions, as provided herein.

STOP PAYMENT ORDERS. If you have scheduled a one-time or a recurring ACH transfer via the Sunny Day Fund, you may stop or cancel that transfer by following the procedures defined here.

To stop a preauthorized ACH transfer you initiated via the Sunny Day Fund Application, either one-time or recurring, use the Sunny Day Fund Application to cancel such payment. If you are unable to cancel or stop the payment via the Sunny Day Fund Application, you can contact Sunny Day Fund, at +1 (571) 397-2975 or email at support@sunnydayfund.com, to request cancellation of the transfer. Cancellation is not guaranteed.

To stop a recurring transfer that you have authorized a third-party to debit, please contact that third party to request the cancellation of the recurring payment. If the third party is unable or unwilling to stop the transfer, please contact Sunny Day Fund, at +1 (571) 397-2975 or email at support@sunnydayfund.com, to request a stop on the payment. Stop payment is not guaranteed.

If you wish to stop a recurring transfer, your request to stop the transfer must be received at least three (3) business days before the transfer is scheduled to occur. You should specify whether you wish to stop one recurring payment or all recurring payments. You must specify the name of the payee, the dollar amount of the payment and the date of the payment. We will be liable for your losses or damages if you requested the stop payment at least three (3) business days before the transfer was scheduled to occur and we did not stop the payment.

In the case of an authorized third-party debit transfer, if the written stop payment notification is not received at least fourteen (14) days before the transfer was scheduled to occur, the payment in question will be honored as originally authorized and future payments will not be permanently stopped.

If you give us incorrect information, we will not be liable for failing to stop payment on the item or authorization. Our acceptance of a stop payment order will not constitute a representation that the item or authorization has not already been paid or that we have a reasonable opportunity to act upon the order. You may not stop payment on an official, certified, cashier’s, or teller’s check issued by us, or request us to stop payment if we have otherwise become accountable for the item or authorization. Further you may not stop payment on an item or authorization after acceptance of the same by us.

INDIVIDUAL ACCOUNT. This account is an Individual Account in the name of one depositor only.

You may name a beneficiary as set forth below; however, this individual will not be considered a joint account holder. The Account cannot be owned or titled jointly, by an organization, as Payable on Death (“POD”), “For Benefit of” (FBO), or “In Trust For” (“ITF”).

Beneficiary. You may elect to voluntarily name a beneficiary who will be contacted in the event we are trying to reach you and unable to do so. This beneficiary may be eligible for receiving the remaining balance in your Account upon proof of your death and their proof of will or testament. Naming a beneficiary on Sunny Day Fund is not sufficient for the immediate transfer of deposits without further evidence of your will and their identity.

Death or Incapacitation. You or your appointed party, designee, or appointed individual agree to notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We may continue to accept deposits and process transaction instructions into and from your Account until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act on that knowledge. You agree that, even if we have knowledge of your death, we may pay or process transactions on your Account executed on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. We may require additional documentation to confirm any claims made on the Account, even if the claimant is named beneficiary in the Application, as stated above.

ASSIGNABILITY. The account established under this Agreement is not assignable or transferable.

FINANCIAL INSTITUTION LIABILITY. You agree that if we do not properly complete a transaction according to the Agreement, we will not be liable in any event for losses or damages in excess of the amount of the transaction, and we will not be liable if circumstances beyond our control prevent the transaction, or the funds in your Account are or may be subject to legal process or other claim. In no event will we be liable for consequential damages. In receiving items from you for withdrawal or deposit, we act only as your agent. You are responsible for the condition of a check or item when you issue it. We reserve the right to refuse any item for deposit or to reverse credit for any deposited items or to charge your Account for items should they become lost in the collection process.

Legal Processes Affecting Accounts. If we are served with a subpoena, government agency request for information, restraining order, writ of attachment or execution, levy, garnishment, search warrant, forfeiture or similar order or legal process relating to your Account (termed “legal action” in this section), regardless of the jurisdiction of the issuing authority, we may rely on the representations made in the legal action and comply with the legal action, regardless of the jurisdiction of the issuing authority or the location of the Bank at which the legal action is received. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Account or in any way restricted access to your funds in accordance with the legal action. If you believe your funds are exempt from legal action, or otherwise should not be subject to legal action (for example, if you own funds and the legal action applies to another joint owner, you believe the court, garnisher, or levying authority lacks jurisdiction over you or the property, or you believe the garnishment or levy names the wrong party as garnishee), you agree that it is your responsibility to raise any defense to the legal action against the party who originated the legal action, and you agree that we have no obligation to do so. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your Account. Unless expressly prohibited by law, we will charge your account a fee for each legal action received, regardless of whether the action is subsequently revoked, vacated or released.

DORMANT ACCOUNTS. Your state may have unclaimed property laws that govern when accounts are considered abandoned. Your account is usually considered abandoned if you have not made a deposit or withdrawal, or signed in to your online Account, for a specified period of time. We are required by the unclaimed property laws to turn over accounts considered abandoned to the applicable state that you specified as your primary state of residence at the time of account opening. Before we turn over an abandoned account, we may send a notice to you by e-mail or to the address we show for the account statement. Unless prohibited by law, we may charge to your Account our costs and expenses of any notice, payment and turnover of the remaining balance of your Account to the applicable state. Washington State laws will apply on unclaimed or abandoned property related to this Account.

ACCOUNT STATEMENTS. You are responsible for promptly examining your statement each statement period and reporting any irregularities to us. Each account statement will be considered to correctly reflect your transactions, such as deposits, withdrawals, credits, refunds, imposition of fees, interest, and other additions and subtractions to your Account, unless you notify us in writing within certain time limits after the statement that incorrectly reflects your transactions is made available to you. You must report any other Account problem including encoding errors, and errors involving additions or subtractions (debits and credits) not otherwise covered herein, including electronic transactions not covered by the Electronic Fund Transfer Act, within Sixty (60) calendar days.

WHOLESALE WIRE AND ACH TRANSACTIONS. With respect to wire transfers or other transfers of funds not governed by the Electronic Funds Transfer Act, you agree to enter into and comply with our wire transfer (if applicable) agreement and to comply with our security procedures and this section. We advise you that any receiving financial institution (including us) is entitled to rely on any account or bank number you have provided even though that account or bank number may identify a party different from the person or entity you have described by name in any transfer order.

(A) Provisional Payment. Credit given by us to you with respect to an ACH credit or wholesale (wire) funds transfer entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we do not receive final settlement, you are hereby notified and agree that we are entitled to a refund of the amount credited to your Account in connection with such entry, and the party (the originator of the entry) making payment to you via such entry shall not be deemed to have paid you the amount of such entry.

(B) Notice of Receipt. We will notify you of the receipt of payments in the periodic account statements we provide to you. You acknowledge that we will not give next day notice to you of receipt of an ACH or wholesale (wire) funds transfer item.  You can also contact Sunny Day Fund, at +1 (571) 397-2975 or email at support@sunnydayfund.com, to obtain information about any particular direct deposit or transfer.

NOTICES. The following terms apply to notices relating to your Account. (A) Notice of Amendments. You agree that the terms and conditions of the Agreement, including without limitation all rates, fees, and charges, may be amended by us from time to time. We will notify you of amendments as required by applicable law. Your continued use of the Account evidences your agreement to any amendment. Notices will be sent to the most recent email address shown on our records for your Account. (B) Account Changes. Any account holder or person authorized to sign on an account is required to notify us in writing if any account holder or other person authorized to sign on an account dies or is declared incompetent by a court. It is your responsibility to notify us of any change in your address or name. We are required to honor items drawn only on the listed Account name. Further, we are required to attempt to communicate with you only at the most recent address provided to us.

ACCOUNT TERMINATION. You and we agree that either of us may close your Account and terminate this Agreement at any time with or without cause. We will provide written notice to you in advance if we decide to terminate your Account relationship for any reason other than abuse of the account relationship or to prevent a loss. You agree that advance written notice from us will be reasonable if it is mailed to your statement email address immediately upon account closure. You agree that in instances of account abuse or to prevent a loss, notice is reasonably given by us if emailed immediately upon account closure. You may close any of your accounts by notifying us in writing. We will consider your Account closed on the 90th day having a zero balance. When an interest-bearing account is closed, there may be accrued interest that has not been credited to the account. In that case, we will pay you the interest UNLESS we have told you otherwise. Further, for security reasons, we may require you to close your Account and to open a new account if: there is a change in authorized signers; there has been a forgery or fraud reported or committed involving your Account; any Account checks are lost or stolen; you have too many transfers from your Account; or any other provision of our Agreement with you is violated. After the Account is closed, we have no obligation to accept deposits or pay any outstanding checks. You agree to hold us harmless for refusing to honor any check drawn on a closed account. In the event that we close your Account, we may mail you a Cashier’s Check for the applicable remaining Account balance. The termination of this Agreement and closing of an account will not release you from any fees or other obligations incurred prior to the date upon which this Agreement is terminated and an account closed, any fees assessed by us in the process of closing an account, or from your responsibility to maintain sufficient funds in an account to cover any outstanding checks or other debit items. If you terminate your relationship with Sunny Day Fund, the Account will automatically be closed. Upon closure, any remaining funds in the Account will be converted and returned to you in accordance with this Section. If the agreement between Sunny Day Fund and the Bank is terminated, this Account may be terminated. In this case, Sunny Day Fund shall send you a notice with the applicable procedures. Unless you are notified otherwise, upon termination, Sunny Day Fund will instruct the Bank to return any remaining funds in the Account in a check mailed to the address on file associated with the Account. The Bank’s obligations to you will be fully satisfied by mailing a check in the appropriate amount to the address specified by Sunny Day Fund.

Arbitration.

PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE ARBITRATOR’S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW.

Agreement to Arbitrate. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Account or Services; iii) your use of the Account or Services; iv) the amount of funds Account; v) advertisements, promotions or oral or written statements related to the Account or Services; vi) the benefits and services related to the Account or Services; or vii) transactions made using Account or Services, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). The arbitration shall occur in King County, Washington.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity; or iv) closing of the Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, EMAIL US AT SUPPORT@SUNNYDAYFUND.COM TO CLOSE THE ACCOUNT AND REQUEST A REFUND, IF APPLICABLE.

Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the Administrator according to the rules and procedures of the Administrator. We will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and we will pay any fees and costs, which we are required to pay by law or by the rules and procedures of the Administrator. In addition, in the event that you receive an arbitration award that is greater than our last written settlement offer, the arbitrator shall have the discretion to require us to pay your attorneys’ fees and costs. Otherwise, each party will bear its own attorneys’ fees and costs, regardless of who prevails.

The arbitrator’s decision is final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act. Costs will be allocated in the same way as costs are allocated in arbitration by a single arbitrator. A final and binding award is subject to judicial review only as provided by the Federal Arbitration Act. An arbitration award will be enforceable under the Federal Arbitration Act by any court having jurisdiction.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with all applicable federal laws and all applicable substantive laws of the State of Washington in which the Bank is located and where you opened your account. In addition, we are subject to certain federal and state regulations and local clearing house rules governing the subject matter of the Agreement. You understand that we must comply with these laws, regulations, and rules. You agree that if there is any inconsistency between the terms of the Agreement and any applicable law, regulation, or rule, the terms of the Agreement will prevail to the extent any such law, regulation, or rule may be modified by agreement.

SYSTEMS AND SOFTWARE. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions whether such transactions are initiated or processed directly with our systems or through a third-party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.

MISCELLANEOUS PROVISIONS. If you or your Account becomes involved in any legal proceedings, your use of the Account may be restricted. You agree not to use the Account in any illegal activity. We shall be entitled to act upon any legal process served upon us which we reasonably believe to be binding, with no liability to you for doing so. You understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous, and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. You authorize us to deduct any such loss, costs, or expenses from your Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Account and situations where we become involved in disputes between you and an authorized signer, a joint owner, or a third party claiming an interest in your Account. It also includes situations where any action taken on your Account by you, an authorized signer, a joint owner, or third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursement from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. If a court finds any provision of the Agreement to be invalid or unenforceable, such finding shall not make the rest of the Agreement invalid or unenforceable. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of the Agreement in all other respects shall remain valid and enforceable.

Standard of Care. Limitation of Liability. Our liability for losses you incur in connection with your Account is limited to actual damages proved that are proximately caused by our failure to exercise ordinary care. Nevertheless, if we make an error in your favor by excessively crediting or insufficiently debiting your account for any reason, including, without limitation, to the giving of credit in excess of a corresponding account debit, you agree that you immediately owe us the amount in error, whether you relied on the error or not. You agree to waive your rights to a jury and to punitive and exemplary damages and further agree to be subject to all parts of the arbitration provision. Damages for any breach of this Agreement are limited to those that are direct and lie in contract and will exclude indirect and consequential damages. Also excluded are damages in tort, including but not limited to those for emotional distress, unless caused by a willful and malicious act, which in the case of the unauthorized disclosure of private or confidential information must also be defamatory. In return, we also waive our same rights in any such action, cross-action or claims in arbitration we may file against you. We will have no liability for acting on instructions from you accepted or interpreted by us in good faith according to the terms of this Agreement, declining to act on instructions whose authenticity or accuracy cannot be verified to our satisfaction, or not acting on instructions not actually received.

Except as required by applicable law, we will have no liability to you if we are unable to complete a transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, any affiliates, and the parties with whom we and our affiliates contract in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to your Account, any products or services purchased using the Account, or this Agreement (as well as any related or prior agreement you may have had with us).

By accepting this Agreement, you acknowledge that the Bank will not be liable for acting for the purpose of compliance with any applicable law or regulation.

You shall indemnify and defend us and our officers, directors, employees, agents, and representatives, and hold each of them harmless, against suit, judgment, asserted claim, demand, excise taxes, claims, liabilities or losses, including fees of counsel, interest and other expenses, arising directly or indirectly from your breach of your obligations under this Agreement or those arising from the instructions or actions of you or of third parties whom you have permitted to direct, manage, view or otherwise act or omit to act in connection with your Account. If we and our officers, directors, employees, agents or representatives are entitled to indemnification against a claim under this Agreement, we shall give you prompt notice of the claim and any further pleadings, communication or other information connected with it. You shall defend us, and our officers, directors, employees, agents, and representatives, or pay for the cost of its defense, as we or our officers, directors, employees, agents or representatives shall elect. The parties shall cooperate for the cost-effective defense of the claim, and us and our officers, directors, employees, agents and representatives shall not settle any claim for which indemnification is demanded without your consent.

Customer Service. For customer service or additional information regarding your Account, please contact Sunny Day Fund at:

  • Phone: +1 (571) 397-2975
  • Email: support@sunnydayfund.com
  • Hours. Customer Service agents are available to answer your calls from 9AM ET to 6PM ET.

Sunny Day Fund Solutions Inc. has partnered with Portage Bank, Member FDIC, to offer the Sunny Day Fund ESA Account to you. Sunny Day Fund Solutions, Inc is a non-bank that is not itself an FDIC-insured institution. FDIC deposit insurance coverage only protects against the failure of an FDIC-insured depository institution.