Disclosures

• Electronic Transmission – Most payments are made by electronic transmission.
• Bank Check – Some payees may not be able to accept an electronic transmission. In this case, the Bank will issue a check to the payee.
• When you indicate the date that you want the payment to be processed, please allow at least 4 business days before the actual due date. If you do not, you will be fully responsible for all late fees, finance charges, or other action taken by the payee.

• Normal account fees and service charges.
• Any Internet service provider fees.
• Purchases of software programs such as Microsoft Money®.
• Additionally, fees may be assessed for added services requested through the Message Center of Online Banking such as stop payment requests, check copy orders and statement copy orders. Please consult your account agreement for the specific fees that your account may be subject to.

• By sending a secure message through the Online Banking Message Center.
• By sending a letter to the following address:
  GMAC Bank Customer Care Dept.
  P.O. Box 951
  Horsham, PA 19044

We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared. Please include the following information:

• Your name and account number.
• Describe the error on the transfer that you are unsure about, and explain as clearly as you can why you believe there is an error or why you need more information.
• The payee if a Bill Payment Dispute, if you have it.
• The transaction reference number assigned by Online Banking, if you have it.
• Tell us the dollar amount of the suspected error.

If we decide to do this, we will credit your account within 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 in writing and we do not receive it within 10 business days, we may not credit your account.

We will tell you the results of your investigation within 3 business days after completing it. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.

Tell us at once if you believe that your Online Banking Password has been compromised or if someone has transferred or may transfer money from your account without your permission. The best way to minimize your loss is to call us immediately. The unauthorized use of your Online Banking service may cause you to lose all of your money in your accounts, plus any amount available under your overdraft protection.

If you give someone your Online Banking User ID and Password, you are authorizing that person to use your service, and you are responsible for all transactions the person performs using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, the transactions that person performs after the time you notify us are considered unauthorized. Transactions that you or someone acting for you initiates with fraudulent intent are also authorized transactions.

For your protection, sign off after every Online Banking session and close your browser to ensure confidentiality.

• If through no fault of GMAC Bank, you have insufficient funds in order to perform a transfer or bill payment.
• If circumstances beyond our control (such as flood, war or other acts of hostility, power outage, fire, equipment or technical failure or breakdown) prevents us from completing the transfer or payment despite reasonable safety measures that we have taken.
• If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy. If your funds are subject to legal process or other encumbrance restricting the transfer.
• If your payment or transfer authorization terminates by operation of law.
• If you believe that someone has accessed your account without your permission and you fail to notify GMAC Bank immediately.
• If you have not properly followed the scheduling instructions on how to make a transfer or payment included in this agreement or in the Online Banking instructions.
• If we have received inaccurate or incomplete information from you or a third party involving the account, transfer, or payment.
• If we change the mailing address for a Bill Payment based on information that we have received from the payee.
• If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the Deposit Account Agreement, or the Personal Line of Credit or Loan Agreement with us, or if we or you terminate this agreement.
• If there are postal delays or processing delays by the Payee.

1. AGREEMENT TO ARBITRATION CLAIMS: Any claim, dispute, or controversy (collectively “Claim”) between GMAC Bank and the Borrower (except those listed below in Paragraph N(3)(B)) including but not limited to those arising out of the this account, Borrower’s application, advertisements, servicing and collection of this account, any outstanding balance, insurance products or services, as well as any other disclosure or document related to the account shall exclusively be resolved by BINDING ARBITRATION by an arbitrator of the American Arbitration Association (“AAA”) in accordance with (a) the Federal Arbitration Act; (b) the Expedited Procedures of the Commercial Rules of the AAA and (c) this Paragraph. The term Claim shall be given the broadest possible meaning. The terms of this paragraph shall control any inconsistency between the arbitration rules and this Paragraph. Borrower may obtain a copy of the arbitration rules by writing the AAA at American Arbitration Association 335 Madison Avenue 10th Floor New York, NY 10017–4605. An action to compel arbitration may be brought at any time even after a Claim has been commenced or raised in a court of law or equity or the Note has been paid in full. At Borrower’s written request GMAC Bank will pay all fees up to $1,000 for the AAA’s cost of the arbitration of the Claim. If the cost of the AAA arbitration exceeds $1000 the parties will share the excess cost equally unless otherwise ordered by the AAA. Unless inconsistent with applicable law each party shall pay his/her own attorney, expert and witness fees and expenses.
2. CLAIMS EXCLUDED FROM JURISDICTION: The following actions shall not be subject to arbitration: any action to obtain possession of the property securing the Account; any action for prejudgment injunctive relief or appointment of receiver(s). In addition, GMAC Bank agrees that it will not require the Borrower to arbitrate an individual Claim brought against borrower in small claims court or Borrower’s equivalent state court, if any; however, if that Claim is transferred or appealed to a different court, GMAC Bank reserves the right to require arbitration under this Paragraph.
3. JUDGMENT and ADDITIONAL TERMS: An arbitration award shall be final and may be entered as a judgment in any court having jurisdiction, except that if the amount in controversy exceeds $10,000 either party may appeal the arbitrator’s award to a three-arbitrator panel of the AAA which shall re-consider de novo any aspect of the initial award. The costs of such appeal will be borne by the appealing party. The costs of such appeal will be borne by the appealing party regardless of the outcome of the appeal. Borrower agrees that any arbitration proceeding will only consider Borrower’s Claims. Claims by or on behalf of other borrowers, co-borrowers, co-signers, sureties or applicants will not be arbitrated in any proceeding that is considering the Borrower’s Claim.

This Paragraph shall survive any termination of this Agreement. If any portion of this arbitration provision is deemed invalid or unenforceable, this shall not invalidate the remaining portions of the arbitration provision or this Agreement.