Debit Card Agreement

By applying for or using an automated teller machine (“ATM”) card or a debit card (both referred to as “card”) from CIBC Bank USA (“bank”) or by requesting a personal identification number (“PIN”) from the bank, you agree to be bound by this Consumer ATM and Debit Card Agreement (“Card Agreement”) and accept its terms, rules and conditions as they may be amended.

This Card Agreement applies to all consumer cardholders. All ATM, point of sale (“POS”), and debit card transactions are also subject to applicable laws, regulations, rules and other agreements governing your card and account (“account”) at the bank, including the Consumer Deposit Account Agreement, Deposit Account Disclosures and Fee Schedule provided to you when you opened your account, as they may be amended.

You should read these documents carefully to understand your rights and responsibilities in connection with your card transactions. The terms and conditions of the Card Agreement supersede the terms and conditions of all prior agreements governing your cards. All amounts stated in this agreement are in U.S. dollars.

Available services and limitations on services

You may use your ATM or debit card to conduct the services listed below. Deposits may not be available at all ATMs, and limits on the number of checks deposited and other restrictions may apply. Other services may not be available at all locations.

ATM transactions: You may use your ATM or debit card at ATMs to withdraw cash, transfer funds, make deposits at CIBC Bank USA-owned and -operated ATMs, and conduct balance inquiries.

POS transactions: You may use your ATM card in participating card networks to purchase goods and pay for services at places that accept your ATM card, use your debit card to purchase goods and pay for services at places that accept your debit card, obtain cash back from a merchant with your purchase if the merchant permits, and obtain cash advances from a participating financial institution.

If you applied for your account online, your card cannot be used until the required minimum opening deposit is made to your account. If an Edge Banking account is opened digitally, a fully executed signature card on the account is required prior to using your card. ATM transactions may be conducted at ATMs owned or operated by the bank, and other ATMs that are linked to card networks in which the bank is a participant. POS transactions may be conducted at merchants or participating financial institutions that are affiliated with the card networks in which the bank is a participant. The bank participates in the card networks whose logos are printed on your ATM or debit card.

You may only use your card for those ATM, POS and debit card transactions you requested and we approved. We must authorize card access to each account. At our discretion, we may not authorize subsequent card transactions or pay items drawn on your account due to outstanding debit card transactions. We may allow transactions that exceed your available account balance or available line of credit.

All debit card purchases will be withdrawn from your designated checking account. If you have authorized card access to more than one account of each type, all transactions will be made to or from your designated primary account, unless you specify a different account at the terminal when you conduct your transaction. If your primary account is closed and you authorized card access to another account of the same type, that account will become the new primary account. If your card is linked to more than one account of the same type, the account with the next sequential account number will become the new primary account. The bank will place a hold on your account for the dollar amount of any authorized card transaction. These holds may remain for 3 business days or until the transaction is presented to the bank for payment. The dollar amount of the authorization requested by a merchant may exceed the dollar amount of the transaction. This typically occurs for “pay at the pump” gasoline purchases, restaurants and car rentals. The amount of the hold is subtracted from the available funds balance in your account at the time the transaction is authorized.

Limits on dollar amounts of transfers

The amount of all card withdrawals and purchases are limited by the amount of available funds in your account and any applicable overdraft arrangements. We may change those limits and impose other limits or restrictions on the use of your card as provided in the amendments section of this Card Agreement or as otherwise provided to you in writing by the bank.

The following dollar amount limits apply to your card:

You may use your ATM or debit card to withdraw up to $1,500 from ATMs each calendar day.
You may use your debit card to buy up to $2,500 worth of goods or services each calendar day through our POS transfer service. Additional limits on the dollar amount of transfers may apply for security reasons.

Fees

When you use an ATM not owned by us, you may be charged a fee by the ATM operator or card network. You may be charged a fee for a balance inquiry even if you do not complete a fund transfer. Please refer to our Fee Schedule for additional fees related to your ATM or debit card.

Documentation

You can get a receipt at the time you make a transfer to or from your account using an ATM or POS terminal, except for certain small-dollar transactions.

Non-PIN debit transactions

When you use your card in certain ATM networks, the transaction may be processed as a debit transaction (not signature-based) without requiring a PIN. A transaction that is completed as a PIN-less debit transaction may not be processed by certain card networks and may post to your account as an ATM or debit transaction rather than a purchase. Transactions processed in this manner may not qualify for certain card network rewards or points since they are not processed on those networks.

Transactions completed as PIN-less debit transactions may include, but are not limited to, government payments, utilities and property management fees. Provisions applicable to certain card network transactions, such as a zero-liability program, do not apply to these types of transactions.

Use of cards, PINs, and ATM or POS terminals

Your card and PIN are provided solely for your use. You agree to:

Safely keep your card and PIN separate and in your sole possession.
Not disclose your PIN, record it on your card or otherwise make it available to anyone else.
Use your card and PIN, and the ATM or POS terminals, only as instructed and for the purposes authorized by us.
Immediately report to us any loss, theft or known or suspected unauthorized use of your card or PIN.
Not abuse use of your card, or ATM or POS terminals or related services.

You are liable for all authorized card transactions. Liability for unauthorized transactions is addressed in the Unauthorized Transactions section of the Electronic Fund Transfers portion of the Consumer Deposit Account Agreement.

ATM, POS and debit transactions

You authorize us without further inquiry to credit or charge your account for all deposits, withdrawals, purchases, transfers and payments initiated through use of your card. You also authorize us to charge your account for the amount of any check or other instrument for which you receive cash or credit through a card transaction if that item is dishonored, charged back or returned to us unpaid for any other reason. All ATM and POS transactions made on a non-business day or after the cutoff time on a business day will be posted to your account as of our next business day. Our business days are Monday through Friday, excluding federal holidays. All card transactions are subject to receipt, verification and collection by us. You cannot place a stop payment on a non-recurring debit card transaction.

Transactions outside the United States

Card transactions conducted outside the United States will be posted to your account in U.S. dollars. The posted transaction amount may vary from the foreign currency transaction amount due to the currency conversion rate for the foreign currency. The rate used for foreign currency transactions will be the rate effective one day prior to the date that the transaction is processed through the card interchange network.

Limitations on our responsibilities

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 stated in the Electronic Fund Transfers section of the Consumer Deposit Account Agreement and subject to requirements imposed by applicable law. However, there are some exceptions. We will not be liable for any property loss or damage or other loss, injury or harm resulting directly or indirectly from: (i) your misuse of an ATM or POS terminal; (ii) mechanical, electrical or operational failure of an ATM or POS terminal or its support facilities; or (iii) failure to complete an ATM, POS or debit transaction because (a) access to your account is restricted due to legal proceedings or other claims or restrictions, (b) through no fault of ours, you do not have enough money in your account to make the transfer, (c) the transaction would cause you to exceed your credit limit on your overdraft line of credit, (d) the ATM where you are making the transfer does not have enough cash, (e) the terminal or system was not working properly and you knew about the breakdown when you started the transaction, (f) any merchant or financial institution refuses to honor your card, (g) your card has been cancelled or revoked, (h) your account has been terminated or closed, or (i) if circumstances beyond our control, such as flood or fire, prevent the transfer, despite reasonable precautions that we have taken.

Disputes

We are not liable for claims that you may have against a merchant in connection with any POS or debit card transaction.

Amendments

The bank may change the terms and conditions of this Card Agreement at any time. The change will be effective immediately if necessary for security reasons, otherwise upon posting notice of the change in our lobbies or by mailing the notice to you at the address in our records, or electronically if you consented to our Electronic Disclosure Consent Agreement.

Termination

The card and PIN remain our property and may be cancelled by the bank at any time without notice and must be surrendered or destroyed upon request. The bank may cancel your card or not renew or replace your card if it was not used at an ATM or POS terminal within a 6-month period, or a 33-month period for cards for the CIBC Bank USA Smart Account. We may restrict your card and terminate this Card Agreement upon reasonable notice to you, except as permitted by law. Your card will be cancelled if all of the accounts linked to your card are closed. You may terminate card services at any time upon written notification to the bank and by cutting up your card and providing it. You remain liable for all transactions and fees that you incurred in connection with your card prior to the bank’s receipt of your written notice and mutilated card.

General

This Card Agreement shall be governed by applicable U.S. state law as provided in the Consumer Deposit Account Agreement and applicable U.S. federal laws and regulations. The invalidity of any provision of this Card Agreement will not affect other provisions. Your accounts with us are also governed by the terms and conditions contained in the Consumer Deposit Account Agreement. You agree to pay all fees and charges for using your card listed in our Fee Schedule and all expenses, costs and fees the bank incurs related to any card transaction or enforcement of this Card Agreement. This includes reasonable attorneys’ fees, including the cost of any attorney employed by us, and legal expenses, subject to limitations imposed by U.S. federal or state law. The bank may enforce any of its rights under this Card Agreement, even if it chooses not to exercise any right in a particular transaction. This Card Agreement applies to you, your heirs or any party acting on your behalf. All account-holders are liable under this Card Agreement, regardless of who uses the card. The bank may act on the instructions of any authorized user of a card.

ATM terminal user precautions

As with all financial transactions, please exercise discretion when using an ATM. For your own safety, be careful. We recommend taking the following precautions:

Prepare for your transactions, like filling out a deposit slip, at home to minimize your time at the ATM.
Mark each transaction in your account record, but not while at the ATM. Always save your ATM receipts. Do not leave them at the ATM because they may contain important account information.
Compare your records with the account statements you receive.
Do not lend your ATM or debit card to anyone.
Remember to not leave your card at the ATM.
Protect the secrecy of your PIN. Protect your ATM or debit card as though it were cash. Do not tell anyone your PIN. Do not give anyone information regarding your ATM, debit card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Do not write your PIN where it can be discovered. For example, do not keep a note of your PIN in your wallet or purse.
Prevent others from seeing you enter your PIN by using your body to shield their view.
If you lose your ATM or debit card, or if it is stolen, promptly notify us. You should review the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM, particularly if it is after sunset. At night, be sure that the area, including the parking area and walkways, is well-lit. Consider having someone accompany you when you use the ATM, especially after sunset. If you observe any problem, go to another ATM.
Do not accept assistance from anyone you do not know when using an ATM.
If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, put your card away and leave. You might consider using another ATM or coming back later.
Do not display your cash; put it away as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home or other secure surrounding.
At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver’s window. Keep the engine running and remain aware of your surroundings.
We want the ATMs to be safe and convenient for you. Please tell us if you are aware of any problem with an ATM. For instance, let us know if a light is not working or there is any damage to an ATM. Report any suspicious activity or crimes to both the operator of the ATM and the local law enforcement officials immediately.

Revised: August 2020