Agreements & Disclosures
SITE DISCLAIMER All information in California Community Bank’s Web Site is provided “as is,” without warranty of any kind. California Community Bank makes no representations and specifically disclaims any express or implied warranties to users and/or any third parties, including but not limited to, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any purpose. The content of the Web Site may not be used for commercial or non-commercial use without the expressed written consent of California Community Bank. California Community Bank shall not be liable under any circumstances to users and/or third parties for indirect, consequential, incidental or punitive damages as a result if using the Web Site. Even if California Community Bank is advised of the possibility of such damages, California Community Bank shall not be liable. California Community Bank’s Web Site may include access to external Web Sites, known as “links”. Please note that California Community Bank is not associated with and has no control over the content or information on such links and, therefore, is not responsible for any such links or external Web Sites. California Community Bank does not endorse, promote, and/or sanction these links. The links have been provided for your convenience. The content or information in such links is the sole responsibility of their authors and/or owners. California Community Bank is not offering these links as a service. Statements made by others concerning future performance, developments or events, concerning expectation for growth and market forecasts, and any other guidance on future periods, constitute forward-looking statements, which are subject to a number of risks, and uncertainties, which might cause actual results to differ materially from stated expectations. STOP PAYMENT ORDER California Community Bank At California Community Bank we take security very seriously. The latest methods in Internet system security are used to increase and monitor the integrity and security of our system. Our Online Banking integrates industry approved security technologies to address three primary concerns about Online Banking security: Secure login and user authenticity, encryption when data is in transit and secure routers and firewalls. Intrusion Detection Systems What You Can Do To Protect Yourself Data security between your browser and our Web server is handled through a security protocol called Secure Sockets Layer (SSL). SSL provides data encryption, server authentication and message integrity for an Internet connection. Additionally, SSL provides a security “handshake” that is used to initiate the connection. This handshake results in your browser and the Internet banking server agreeing on the level of security they will use and fulfills any authentication requirements for the connection. Currently, California Community Bank’s online banking application supports data encryption at the highest level. (128 bit). In order to get this level of encryption, you will need a browser that supports it. It may be necessary to visit your browser company’s home page to download upgrades that may be necessary. When accessing our Internet Banking site, you will be forwarded to a web page with a URL address that starts with https://. This will cause your browser’s HTTPS layer to start an encrypted session using SSL. You will then receive a login screen. Since the encrypted session has already been started, your Access ID and password are safe and secure. The data traveling between your computer and the server is encrypted and can only be decrypted with the public and private key pair. These two keys are the only combination possible for that session. When you log off the system your session is completed and the encryption keys expire. This process will start over again when you next log on to the system, which will create a new session. System ArchitectureTo develop a sound architecture, California Community Bank has incorporated the capabilities of firewalls, control capabilities of routers, operating system level controls, application level controls, report consolidation methods, and security monitoring devices such as intrusion detection systems and scanners. In this architecture, every piece is layering on the capabilities of the other to create overlapping controls and fail-over. What this means to you is that if a single layer of security is broken, other layers of security are there to protect you and your banking information. This is typically referred to as “security-in-depth”. Your Agreement in using Online Banking You agree to hold your password and access ID in strict confidence and to notify us immediately if your password and/or access ID is lost or stolen. We recommended that you memorize your password and access ID and do not write either down. Passwords should not be easy to guess; for example, birth dates, addresses or other easily recognized identifications related to you. We suggest that you do not have your browser remember your password. You agree not to allow anyone access to your login ID or Password used with Online Banking. You agree to assume all responsibility for transactions up to the limits allowed by applicable law. California Community Bank will not be responsible for any loss due to breach in the above security procedures. Site Disclaimer All information in California Community Bank’s Web Site is provided “as is” without warranty of any kind. California Community Bank makes no representations and specifically disclaims all express, implied, and statutory warranties of any kind to user and/or third party including but not limited to, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. The content of the Web Site may not be used for commercial or non-commercial use without the expressed written consent of California Community Bank. California Community Bank shall under no circumstances be liable to user and/or any third party for any indirect, consequential, incidental or punitive damages whatsoever in using the Web Site and Online Banking: even if California Community Bank has been advised of the possibility of such damages, California Community Bank shall not be liable. California Community Bank’s Web Site may include access to external Web Sites, known as “links”. Please note that California Community Bank is not associated with and has no control over the content or information on such links and, therefore, is not responsible for any such links or external Web Sites. California Community Bank does not endorse, promote, and/or sanction these links. The links have been provided for your convenience. The content or information in such links is the sole responsibility of their authors and/or owners. California Community Bank is not offering these links as a service. Statements made by others concerning future performance, developments or events, concerning expectation for growth and market forecasts, and any other guidance on future periods, constitute forward-looking statements, which are subject to a number of risks, and uncertainties, which might cause actual results to differ materially from stated expectations. Disclosure Three Fail Attempts to Logon will Disable your Account This will also occur if you accidentally activate this security feature by mis-keying a Password three (3) times. If you do not access Online Banking during any consecutive sixty (60) day period your password will convert to inactive status. If your password becomes inactive, you must contact us to have the password re-activated before you will be able to access Online Banking or schedule any transaction. Lost or Stolen Password or Access ID Personal Information Protection Examine Your Statement FAIR LENDING STATEMENT To provide access to credit by clients and prospective clients in a fair and consistent manner; To assure that every aspect of the lending process is nondiscriminatory; and To train all bank personnel to grant and administer credit in compliance with fair lending laws IMPORTANT INFORMATION 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. ELECTRONIC MAIL, E-Mail, Notice Please, “DO NOT” originate e-mails to us which contain confidential information, or which may require immediate attention. For these matters we ask that you call us instead at 760 888-1000. Identity Theft ResourcesFederal Trade Commission’s web site on Consumer Identity Theft-http://www.ftc.gov/bcp/edu/microsites/idtheft/ Privacy Rights Clearinghouse This is a nonprofit consumer education, research and advocacy program based in San Diego. This link goes to their identity theft page. The Identity Theft Resource Center CALIFORNIA COMMUNITY BANK Please read this Agreement and Disclosure Statement. You may also print a copy to retain for your reference. If you agree to the following terms and conditions, click on the "I Accept" button at the end of this document. If you do not accept the terms and conditions or if you wish to return to the home page of California Community Bank, click on the "Cancel" button at the end of the document. 1. INTRODUCTION 2. HOW TO REACH US 3. KEEPING YOUR ACCOUNT CONFIDENTIAL 4. ELECTRONIC BANKING DISCLOSURE California Community Bank’s Responsibility Stop Payment Request 5. PROVISIONS APPLICABLE TO BUSINESSES 6. OFFICE OF FOREIGN ASSET CONTROL 7. FEES AND CHARGES 8. OTHER GENERAL TERMS California Community Bank Liability 1. INTRODUCTION This Agreement and Disclosure Statement (Agreement) for accessing your California Community Bank Accounts via Online Banking, is provided for your information and acceptance. Please read it carefully as it pertains to your accounts and the electronic services we offer. For the purposes of this Agreement the following definitions apply. The terms “We”, “Us”, “Our”, and “Bank” refer to California Community Bank; “You” and “Your” refers to both consumer and business account owners; Online Banking is the Internet-based service providing access to your account(s); Time of day references are to U.S. Pacific Standard Time; Business days Mondays through Friday, excluding holidays. Please read carefully the Agreement below. This agreement includes your rights and obligations as a user of or Online Banking Service. It also describes the rights and obligations of California Community Bank. By pressing the, “I Agree” button below, you agree to comply with the terms and conditions of this Agreement. You also acknowledge by signing the Online Banking Service that you have downloaded, printed, or otherwise received a copy of the terms and conditions and that you understand them. The first time you access your account(s) through Online Banking you will need to confirm your agreement to abide by the terms and conditions of this Agreement and acknowledge your receipt and understanding of this of this disclosure by pressing the, “ I Agree” button. We may change the terms or amend this Agreement from time to time without notice or as otherwise provided by law. Online Banking can be used to access certain Bank accounts. Each of your accounts at California Community Bank is also governed by the applicable account disclosure statement in your Terms and Conditions of Your Account Disclosure and the Schedule of Charges and Fees, (prior receipt of which you acknowledge.) This Online Agreement does not replace the disclosures received at time of opening deposit accounts with California Community Bank. This Agreement will be governed by, and interpreted in accordance with federal law and regulations and to the extent that there is no applicable federal law or regulations, by the laws of the State of California. To the extent permitted by applicable law, you agree that any legal action regarding this Agreement shall be brought in the county in which the Bank is located. 2. HOW TO REACH US Business Days
Contact Us California Community Bank Sending e-mail is another way that you can communicate with us. We have provided e-mail links for you to ask questions or to give comments regarding our Web Site or Online Banking. Your e-mail messages may be acted upon by Bank if the message was received in a manner and in a time providing the Bank has a reasonable opportunity to act. Nevertheless, unless otherwise expressly provided herein, e-mail messages will not serve as a substitute for any requirement imposed on You to provide the Bank with “written” notice or instruction. If you send an electronic mail message, California Community Bank will be deemed to have received it on the following business day. If immediate attention is required, you must contact the Bank by telephone or in person or through some other procedure other than e-mail. E-mail is not a secured environment. Do not send account information or transaction information via e-mail. 3. KEEPING YOUR ACCOUNT CONFIDENTIAL Password and Access ID Protection You further agree not to allow anyone to gain access to Online Banking or to let anyone know your Password used with the service. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. California Community Bank will not be responsible for any loss due to breach in the above security procedures. System Lock Out Lost or Stolen Password or Access ID California Community Bank Personal Information Protection Examine Your Statement 4. ELECTRONIC BANKING DISCLOSURE Account Access
Available services may be added or cancelled at any time. We will update this Agreement to notify you of the existence of new services. By using these services when they become available, you agree to be bound by the rules contained in this Agreement. You can use Online Banking seven days a week, 24 hours a day. However, from time to time, some or all of our Online Banking Services may not be available due to system maintenance. During such times you may visit or call the branch at (760) 888-1100 or you may use our TeleBank service, (our 24-hour automated telephone banking service) by calling 1-877-252-9746. Limitations on Funds Transfers From Money Market Checking and/or Savings Accounts During each calendar month, you may make no more than six (6) withdrawals or transfers to another account of yours or to a third party by means of a pre-authorized or automatic transfer or telephone order or instruction, computer transfer, or by check, draft, debit card or similar order to a third party. Online transfers are transactions between accounts initiated through Online Banking. Telephone transfers are transfers between accounts initiated by a personal telephone call or by using our TeleBank service. Pre-authorized withdrawals are transfers made according to a specific agreement between a customer and us or another party. (Examples of preauthorized withdrawals are regular electronic payments from savings made to a third party, such as health clubs, insurance companies, etc.) Check access refers to any checks you write on your Money Market account. Disclosure of Information to Third Parties
We may disclose information about your account to account verification services, such as ChexSystems Inc. ®, if we close your account due to unsatisfactory handling, fraud or attempted fraud or criminal activity. Information we report usually includes your name, address, Taxpayer Identification Number (TIN), driver’s license number and the date and reason the account was closed. The account verification service may supply this information to others. This may adversely impact your ability to establish an account at another financial institution for up to five years from the date of our report. Information concerning your account history with California Community Bank will not be disclosed to anyone, except as permitted by law. For an example of information that may be disclosed as permitted by law, we may disclose nonpublic information about you to others to assist us in servicing your loan or account with us, to government entities in response to subpoenas and to credit bureaus. Servicing Arrangements/Joint Marketing Disclosure We may disclose information about you to companies who work with us to provide services to you such as check printing and Online Banking. We may also disclose information about you to companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements. Any such program would include confidentiality agreements to protect customer information. Documentation If you have arranged to have direct deposits made to your account, you can review your account history using Online Banking or call us at (760) 888-1100 during regular business hours or 1-877-252-9746 (Telebank service) to find out whether or not the deposit has been made. Preauthorized Payments Call us at (760) 888-1000 during regular business hours or write to us at: California Community Bank Account-to-Account Transfers A transfer made in a session that ends before 5:00 PM from any eligible account shall post to your account the same business day and shall be available for withdrawal from the account into which the transfer is made as of the next day. Sessions ending after 5:00 P.M. on a business day, Saturday, Sunday or banking holiday, will be posted on the next business day. Our Liability for Failure to Make Transfer Any Information you receive from California Community Bank or other information providers is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. California Community Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information. Neither California Community Bank nor other information providers are responsible for any computer virus or related problems, which may be attributable to services provided by your Internet access provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. California Community Bank will not be responsible for any errors or failures from the malfunction or failure of your hardware or software. Except as otherwise provided in the California Community Bank’s Responsibility section below, and in the absence of negligence on the part of California Community Bank, California Community Bank, is not responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of Online Banking. California Community Bank’s Responsibility We will not be liable, for instance:
Stop Payment Request You may initiate stop payment requests through Online Banking only for paper checks that you have written (non-electronically) on your California Community Bank account. Stopping the payment of a check is different from stopping or the cancellation of a bill payment. A stop payment request made in a session that ends before 5:00 P.M. will be effective the same business day. To be effective, this type of stop payment request must precisely identify the name of the payee, the check number and the amount. If you request a stop payment online, your login will serve as your authorization to act upon the request. We may also require you to put your request in writing and forward it to us within 14 calendar days from the date of the online request. We will inform you within 48 hours if this is necessary. For more detailed stop payment information refer to the stop payment section of the Terms and Conditions of Your Account Disclosure. In Case of Errors or Questions About Your Electronic Transfers (Consumer/Personal Accounts Only) California Community Bank We must hear from you no later than sixty (60) days after we have sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days An account is considered a new account for thirty (30) days after the first deposit is made, if you are a new customer. 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. Liability for Unauthorized Use (Consumers/Personal Accounts Only) Also, if your statement shows transfers that you did not make, You Agree to 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 you 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 hospital stay) kept you from telling us, we will extend the time period. You Agree to be responsible for all transactions if you authorize someone else to use your Password, Access ID, or PIN, which that person initiates at any time, even if the amount of the transaction or number of transactions exceeds what you authorize. 5. PROVISIONS APPLICABLE TO BUSINESSES The Business Agrees to promptly report to the Bank the dismissal or termination of any employee who has received or become aware of any security code to access Online Banking. THE BANK WILL HAVE NO LIABILITY TO THE BUSINESS OR ANY OTHER PERSON (S) FOR ANY UNAUTHORIZED ACCESS MADE USING YOUR PASSWORD BEFORE YOU HAVE NOTIFIED US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by your instructions, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice). 6. OFFICE OF FOREIGN ASSET CONTROL 7. FEES AND CHARGES Online Banking 8. OTHER GENERAL TERMS Other Agreements Modifications to This Agreement Right to Terminate Agreement Inactivity Status This Agreement will remain in effect until it is terminated by you or by California Community Bank. You understand that you may cancel this Agreement at any time by notifying California Community Bank electronically or by mail at the address provided below. This will cancel Online Banking, but will not terminate your accounts with California Community Bank. You may notify California Community Bank by one of the following methods:
California Community Bank Governing Law This agreement is governed by the laws of the State of California, bank regulations and applicable federal law. California Community Bank Liability
We invite you to print a copy of this Online Banking Agreement And Electronic Funds Transfer Act Disclosure Statement and retain it for your records. You may also request a copy of this Agreement be mailed to you. To do so, call us at (760) 888-1000 during business hours or write to us at: California Community Bank California Community Bank At California Community Bank we take security very seriously. We have taken the precautionary steps necessary to be sure that your information is transmitted safely and securely. The latest methods in Internet system security are used to increase and monitor the integrity and security of our system. System Architecture To develop a sound architecture, California Community Bank has incorporated the capabilities of firewalls, control capabilities of routers, operating system level controls, application level controls, report consolidation methods, and security monitoring devices such as intrusion detection systems and scanners. In this architecture, every piece is layering on the capabilities of the other to create overlapping controls and fail-over. What this means to you is that if a single layer of security is broken, other layers of security are there to protect you and your banking information. This is typically referred to as “security-in-depth”. Security Sockets LayerData security between your browser and our Web server is handled through a security protocol called Secure Sockets Layer (SSL). SSL provides data encryption, server authentication and message integrity for an Internet connection. Additionally, SSL provides a security “handshake” that is used to initiate the connection. This handshake results in your browser and the Internet banking server agreeing on the level of security they will use and fulfills any authentication requirements for the connection. Currently, California Community Bank’s online banking application supports data encryption at the highest level. (128 bit). In order to get this level of encryption, you will need a browser that supports it. It may be necessary to visit your browser company’s home page to download upgrades that may be necessary. When accessing our Internet Banking site, you will be forwarded to a web page with a URL address that starts with https://. This will cause your browser’s HTTPS layer to start an encrypted session using SSL. You will then receive a login screen. Since the encrypted session has already been started, your Access ID and password are safe and secure. The data traveling between your computer and the server is encrypted and can only be decrypted with the public and private key pair. These two keys are the only combination possible for that session. When you log off the system your session is completed and the encryption keys expire. This process will start over again when you next log on to the system, which will create a new session. Intrusion Detection SystemsOur network intrusion detection system is running 24 hours a day, 7 days a week. The network intrusion detection engine sits on the same network as the Internet Banking site and monitors all traffic on that segment. The engine is looking for attack signatures- watching for evidence that an attempted intrusion is taking place. When the engine detects unauthorized activity, it responds immediately by terminating the connection, sending an alert to specially trained staff and recording the session. This allows the security architecture to automatically monitor network traffic, detect and respond to network abuse before systems are compromised. What Can You Do To Protect YourselfInternet security does not rely on technology alone. Without everyone’s participation, all the security systems and technology in the world are worthless. You must treat your Access ID and password with the same care as an ATM or credit card and PIN. In addition, you must make sure that no one is physically watching when you enter your password. If you are logged in to the system, be sure to log off of the system and exit the browser when you leave the computer unattended. You should also take standard precautions to keep your system clean and free from viruses that could be used to capture password keystrokes and financial information. If you have any additional questions regarding the security of our Internet banking site, please contact us at (760) 888-1000. |
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