COUNTY COMMERCE BANK - INTERNET BANKING SERVICES AGREEMENT & REGULATION E DISCLOSURE
This is the agreement for County Commerce Bank Internet Banking Services and it includes certain disclosures for electronic fund transfers. This agreement is in addition to other agreements, between County Commerce Bank and you, including but not limited to, your checking, savings, and other deposit account agreements, your credit card agreements, your overdraft protection and line of credit agreements as each may be modified from time to time. If there is a conflict between the terms and conditions of this agreement and one contained in the other agreements between you and us, this agreement will control.
In this agreement, the words, "we", "us" or "our" mean County Commerce Bank as appropriate and their successors or assigns. When we use the words, "you" or "your" we mean each person who has an interest in an account or other relationship which is accessible through the County Commerce Bank Internet Banking services and any person authorized such access. County Commerce Bank Internet Banking Services ("Services") means information, communication and transactions provided to you by us through any remote channel, including the County Commerce Bank web site, within our area of service, including, but not limited to, the following: Account Information, Funds Transfers, stop payments, and check inquiry for account(s) established at County Commerce Bank.
Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions that we have set out in this agreement, as amended, and each amendment thereto from time to time by us. Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions of any instructional material, which we provide to you regarding the Services. And, each time you use our Services or you permit any other person to use our Services, you are acknowledging receipt and understanding of this disclosure.
When any online service generates items to be charged to your account, you agree that we may debit your designated eligible account or the account on which the item is drawn without requiring your signature on the item and without prior notice to you. Any transactions resulting from your instructions which we receive under your password shall be deemed to have been "in writing" and authenticated by you "in writing". All records maintained by us of transactions under your password shall be deemed to have been "signed" and to constitute an "original" when printed from records established and maintained by us or our authorized agent in the normal course of business. You agree not to contest the authorization for, or validity or enforceability of, the records and "signed" documents, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or records are to be in writing or signed by the party to be bound thereby. Records and signed" documents, if introduced as evidence on paper in any judicial or other proceedings, will be admissible to the same extent and under the same conditions as other documentary business records. Upon our written request, you agree to manually sign or place your signature on any paper original of any record or "signed" document which we provide to you containing your purported signature.
Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications, which are acceptable to us.
If you access the Services by use of a personal computer, you agree: (1)to use a commercially available Internet Browser at the recommended version or above, with at least 128-bit encryption; or Internet Services Provider software products with the same level of security encryption (Software); (2) the Software and any future upgrades, must be loaded and operational on your personal computer and you must use a modem or network to access the Services through the designated interface equipment and Software; and (3) as this service becomes available, to receive account information by electronic transmission of a visual display of the text. You may request a paper copy of electronic notices required by federal regulations of the electronic disclosure. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.
Liability for loss
EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT NEITHER WE, OUR PARENTS, SUBSIDIARIES, AFFILIATES, OR THE SERVICE PROVIDERS SHALL BE RESPONSIBLE FOR DAMAGES, ERROR, LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY THE EQUIPMENT, SOFTWARE, US, OR BY INTERNET BROWSER PROVIDERS SUCH AS NETSCAPE (NETSCAPE NAVIGATOR BROWSER) AND MICROSOFT (MICROSOFT EXPLORER BROWSER), OR BY INTERNET ACCESS PROVIDERS OR BY ONLINE SERVICE PROVIDERS OR BY AN AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING, NOR SHALL WE OR THE SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, THE INTERNET BANKING SERVICES, INTERNET BROWSER, ACCESS SOFTWARE, THIS AGREEMENT, THE UNAVAILABILITY OF INTERNET BANKING SERVICES OR ANY ERRORS IN INFORMATION PROVIDED THROUGH THIS SERVICE, EVEN IF WE OR A SERVICE PROVIDER HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY THEREOF, ESCEPT AS LIMITED BY APPLICABLE LAW. THE MAXIMUM AGGREGATE LIABILITY OF US FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION, SHALL BE THE LESSER OF THE AMOUNT YOU ORIGINALLY PAID FOR THE SERVICE, PRODUCTS OR MATERIALS OR ONE HUNDRED U. S. DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Eligible accounts include the following County Commerce Bank personal or non-personal account types that may be linked: checking, Money Market, Savings and Time Deposits. Money Market and Savings accounts are limited to three written checks per statement cycle, with a total of six restricted transactions per month. Federal regulations limit some types of transactions to six per month. Theses restricted transactions include telephone transfers, Internet banking transfers, pre-authorized debits, and automated clearinghouse debits. Certificates of deposits are term deposits whereby early withdrawals may result in the assessment of penalties. Therefore, only balance information is available online for these types of accounts. Accessibility of Eligible accounts may vary based on the service(s) you use.
During your enrollment for the Services, you are assigned: a Customer ID, a Security Password, and a PIN (sometime hereinafter referred to as "Access Codes"). You must change these upon your first login to the system. Additional numbers and words may be required depending on the Equipment and Software used. Use of these Access Codes is the agreed security procedure to access the Services through the Internet. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank products. You may change you PIN at any time through the Services. We are entitled to act on instructions received under your password. For security purposes, it is recommended that you memorize these online Access Codes and do not write them down. You are responsible for keeping your Access Codes and account data confidential.
Liability for Multiple Users of Your Account
YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT TO MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE PERSON PERFORMING THE ACTION OR TRANSACTION
TO USE YOUR ACCOUNT(S) AND/OR YOU HAVE GIVEN YOUR ACCESS CODES TO SUCH PERSON, OR, IN THE CASE OF A JOINTLY HELD ACCOUNT SUCH PERSON IS ONE OF THE OWNERS OF THE ACCOUNT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) ARISING FROM ANY SUCH CLAIMS OR ACTIONS.
Depending upon the particular features and the Equipment you select, you may be allowed access to the following Services by first entering your customer ID and Password. Once validated on the Internet Banking System, there is no additional sign-on required to access the specific services.
A. County Commerce Bank Internet Banking account Information
You may obtain account balance(s) and debit and credit transaction information, including ATM/debit card transactions, and other certain information about your Eligible account(s) at the County Commerce Bank Internet Banking site. The system will retain at least one month of transaction history starting from the date your enrollment was processed. Account balances reported on the Internet Banking Service are live, real-time balances.
All Transactions are shown in Pacific Time.
B. County Commerce Bank Internet Banking Funds Transfers
You may use your computer to transfer funds to and from any of your Eligible County Commerce Bank account(s). The amount of the transfer between your eligible County Commerce Bank account(s) is limited to the balance in your originating account. County Commerce Bank’s Funds Transfer cut off time is 5:00 PM Pacific Time. Transfers made after 5:00 PM Pacific Time on a business day will be processed on the next business day. Funds transfers that have been completed cannot be canceled. A reverse transaction must be processed. When viewing transaction details, please note that the time stamp indicated is Pacific Time.
C. County Commerce Bank Internet Banking Account Information Download
You may download your Eligible County Commerce Bank account(s) information into your Quicken, QuickBooks, or Money software, or you may export a comma-separated file which can be imported into other applications accepting a *.csv file format.
D. County Commerce Bank Internet Banking Stop Payment service
All stop payment orders will be subject to our current policy on stop payment orders. You may be asked to submit written authorization to document your online request for a stop payment. If we require such written authorization, then we must receive this authorization within 14 days of the request or the stop payment will be released.
Through the use of certain Equipment and/ or Software, you can use electronic mail ("e-mail") to contact us about inquiries, maintenance and/ or problem resolution issues. E-mail is not a secure method of communication over the Internet and we recommend you do not send confidential information by e-mail.
County Commerce Bank Internet banking Service Fee
If you do not access your account(s) for any three-month period, we reserve the right to disconnect your service.
You will be mailed periodic statements for your Eligible County Commerce Bank with the regularity provided for in the depositor, credit card, overdraft protection and line of credit agreements. In addition to reflecting your other account activity, your statements will include any transfers or activity you authorize using the Internet Banking Services.
Reporting Unauthorized Transactions and Error Resolution
In General, tell us at once if you believe your code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you believe your code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your code without your permission. Also, if you do NOT tell us within 2 business days after you learn of the loss or theft of your code, and we can prove we could have stopped someone from using your code without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers made with your code that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped 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 fail to notify us of an unauthorized use that appears on a periodic statement within 60 days of our transmittal of the statement, and we can establish that we could have prevented the unauthorized use if you had notified us within this period, you will be liable for each unauthorized transfer that occurs after the close of the 60 days and before you give us notice.
If you fail to notify us because of extenuating circumstances beyond your control that contributed to your delay in notifying us, such as a serious physical impairment or hospitalization, this time period may be extended.
Contact in event of unauthorized transfer
If you believe your code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at 805-477-7600 or write us County Commerce Bank 3260 Telegraph Road, Ventura, CA 93003.
Error Resolution Notice
In Case of Errors or Questions About Your Electronic Transfers, Call or Write us at the telephone number or address listed, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number (if any).
2. 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.
3. Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation.
YOU HEREBY RELEASE US FROM ANY LIABILITY AND AGREE NOT TO MAKE ANY CLAIM OR BRING ANY ACTION AGAINST US FOR HONORING OR ALLOWING ANY ACTIONS OR TRANSACTIONS WHERE YOU HAVE AUTHORIZED THE PERSON PERFORMING THE ACTION OR TRANSACTION TO USE YOUR ACCOUNT(S) AND/OR YOU HAVE GIVEN YOUR PASSWORD TO SUCH PERSON. YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES) ARISING FROM ANY SUCH CLAIMS OR ACTIONS.
Liability for Fund Transfers and Other Activity
We or a third party acting as our agent, are responsible for completing fund transfers and Bill Payments from your personal account(s) on time according to your properly entered and transmitted instructions. HOWEVER, NEITHER WE NOR THE SERVICE PROVIDER WILL BE LIABLE:
Disclosure of Account Information to Others
We may disclose information to third parties about your accounts:
In order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information;
Changes/ Interruptions in Services
We may, on a regular basis, perform maintenance on our equipment or system, which may result in interrupted service or error in the Service. We also may need to change the scope of our services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.
Performance of Software and Electronic Service
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE ONLINE SERVICES, OR FOR ANY LOSS OF ANY DATA, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WE MAKE NO WARRANTY TO YOU REGARDING THE EQUIPMENT OR THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
In order to maintain secure communications and reduce fraud, you agree to protect the security of your numbers, codes, marks, signs, public keys or other means of identification. We reserve the right to block access to the Services to maintain or restore security to our Site and system, if we reasonably believe your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s).
Ownership of Materials
The reproduction or distribution of the content and information on our site is strictly prohibited.
Wherever possible, each provision of this agreement shall be interpreted in a manner which makes the provision effective and valid under applicable law. If applicable law prohibits or invalidates any part or provision of this agreement, that particular part or provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this agreement
The rights and remedies provided by this agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, ordinance or otherwise.
Delays/ Force Majeure
The obligations of the Bank shall be suspended to the extent and for so long as such obligations are hindered or prevented from being performed on account of labor disputes, war, riots, civil commotion, acts of God, fires, floods, failure of suppliers and/ or subcontractors to perform, failure of power, restrictive governmental law and/ or regulations, storms, accidents or any other cause which is reasonably beyond the control of the Bank.
This agreement contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party that are not contained in this written agreement or other documents referenced by this agreement. This agreement may not be enlarged, modified or altered except in writing in accordance with the above provisions.
Choice of Law
This agreement shall be governed by and interpreted under California and Federal Law.
Arbitration of Disputes
IF EITHER YOU OR WE HAVE ANY UNRESOLVABLE DISPUTE OR CLAIM CONCERNING THE SERVICES, IT WILL BE DECIDED BY BINDING ARBITRATION UNDER THE EXPEDITED PROCEDURES OF THE COMMERCIAL FINANCIAL DISPUTES ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) AND TITLE 9 OF THE US CODE. ARBITRATION HEARINGS WILL BE HELD IN VENTURA, CALIFORNIA. A SINGLE ARBITRATOR WILL BE APPOINTED BT THE AAA AND WILL BE A RETIRED JUDGE OR ATTORNEY WITH EXPERIENCE OR KNOWLEDGE IN BANKING TRANSACTIONS. THE ARBITRATOR WILL AWARD THE FILING AND ARBITRATOR FEES TO THE TRANSACTIONS. THE ARBITRATOR WILL AWARD THE FILING AND ARBITRATOR FEES TO THE PREVAILING PARTY. A COURT MAY ENTER A JUDGEMENT ON THE AWARD OF THE ARBITRATOR.
Amendment of this Agreement
We may amend this agreement (including changes in its fees and charges hereunder) by giving notice to you at least 30 days before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation and unless prior notice is excused by law. Your continued use of the Services is your agreement to the amendment(s). Depositor’s credit card, overdraft protection and line of credit will continue to apply in accordance with our published Schedules of Fees, as amended from time to time.
We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
We may assign the rights and delegates the duties under this Agreement to a company affiliated with us or to any other party.
Except as provided above, we may terminate this agreement and any service provided hereunder at any time upon ten-(10) business days prior written notice of termination to you. We reserve the right to terminate or to discontinue support of any software or equipment without written notice.
Waiver of Statutory and Other Legal Requirements
YOU AGREE THAT ALL OF THE PROVISIONS OF THIS AGREEMENT ARE ENFORCEABLE AS YOU HAVE EQUAL BARGAINING POWER AND HAVE ENTERED INTO ALL PROVISIONS VOLUNTARILY AFTER A FULL REVIEW AND UNDERSTANDING OF THIS AGREEMENT WITH ANY DESIRED LEGAL, ACCOUNTING OR OTHER ADVISOR, AND YOU AGREE TO SPECIFICALLY WAIVE, IF LAWFUL, ANY STATUTORY PROVISION, CASE LAW OR OTHER LEGAL AUTHORITY WHICH IS IN ANY WAY CONTRARY TO AND/ OR NULLIFIES/ VOIDS ANY PROVISION OR PORTION OF A PROVISION OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY REQUIRED AGREEMENT FORMALITY.
Advice of Your Attorney
YOU MAY WISH TO HAVE AN ATTORNEY REVIEW THIS AGREEMENT PRIOR TO AGREEING TO THE TERMS AND CONDITIONS CONTAINED HEREIN. YOU MAY PRINT A COPY OF THIS AGREEMENT PRIOR TO AGREEING TO THESE TERMS AND CONDITIONS.