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AGREEMENTS &
DISCLOSURES
SITE DISCLAIMER
Every effort
has been made by California Community Bank to give accurate and
reliable information in California Community Bank’s Web Site. Please
be aware that due to the possibility of human and mechanical errors,
as well as other factors, California Community Bank is not
responsible for any errors or omissions confined herein.
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
To be effective, your stop payment order must precisely
identify the number, date, amount of the item and payee. The Bank
must be given a reasonable opportunity to act on the order and the
order is only valid if the check has not been accepted, settled or
paid.
California
Community Bank
Online Security and Legal Notice
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 On-Line 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
Our network
intrusion detection system is running 24 hours a day, 7 days a
week. The network intrusion detection 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
security architecture to automatically monitor network traffic,
detect and respond to suspicious activity, and intercept and respond
to network abuse before systems are compromised.
What You Can Do To Protect Yourself
OF NOTE:
Online Banking security does not rely on technology
alone. You must treat your User ID and Password with the same care
as an ATM Card and PIN. If you are logged in to the service, be
sure to long off of the service 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.
Security
Sockets Layer
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
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”.
Your Agreement in using Online Banking
For your
protection, we recommend that you frequently change your personal
password used to access Online Banking. (You can change your
password under the Change Password Button.)
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 contained herein is believed by California Community
Bank to be accurate and reliable. Because of the possibility of
human and mechanical error as well as other factors, California
Community Bank is not responsible for any errors or omissions.
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
Product
descriptions contained herein do not take the place of required
disclosure on personal and business deposit and loan accounts under
applicable federal and state regulations.
Three Fail Attempts to Logon will Disable your Account
To guard
against unauthorized use of your Access ID and Password, Online
Banking disables the Password indefinitely on the third attempt
until you call the Bank and request your Password to be reset.
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
Contact
California Community Bank AT ONCE if you believe your Online
or Telephone Banking Password, Access ID, ATM/POS Card, VISA Check
Card, or Personal Identification Number (PIN) has been lost or
stolen or you have identified any unauthorized Electronic Funds
Transactions (EFT) on your current statement viewed online or your
monthly printed statement. Phoning us immediately at 760 888-1000
is the best way to minimize your potential losses.
Personal
Information Protection
In
addition to protecting your Password, Access ID, and account
information, you should also protect your personal identification
information, such as your Driver’s License, Social Security Number,
etc. This information, alone or together with information on your
account, may allow unauthorized access to your account. It is your
responsibility to protect your personal information
with the same level of care that you protect your account
information.
Examine Your
Statement
You must
promptly review your statement upon receipt. See, ‘In Case of
Errors or Questions About Your Electronic Transfers’ for further
information.
FAIR LENDING
STATEMENT
It is the policy of California Community Bank to comply with the
letter and intent of all fair lending laws. The bank and its Board
of Directors have a long-term commitment to help meet the credit
needs of its entire community in a nondiscriminatory manner. In the
spirit of this directive, the bank's objectives in fair lending are:
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
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 a new 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.
ELECTRONIC MAIL, E-Mail, Notice
Please be
aware that messages sent by e-mail may not be secure and may be
intercepted by third parties. A, “receipt” message simply confirms
that a message has been routed into the Internet for delivery to
California Community Bank, and may not be immediately received by
California Community Bank.
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 Resources
Federal
Trade Commission’s web site on Consumer Identity Theft-http://www.consumer.gov/idtheft/default.asp
Privacy Rights
Clearinghouse
http://www.privacyrights.org/identity.htm
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
http://www.idtheftcenter.org
ITRC is a nonprofit organization dedicated to developing and
implementing a comprehensive program against identity theft.
CALIFORNIA COMMUNITY BANK
ONLINE BANKING AGREEMENT
AND
ELECTRONIC FUNDS TRANSFER ACT DISCLOSURE STATEMENT
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
Business Days
Contact Us
E-Mail
3. KEEPING YOUR ACCOUNT CONFIDENTIAL
Password and Access ID Protection
System Lock Out
Lost or Stolen Password or Access ID
Personal Information Protection
Examine Your Statement
4. ELECTRONIC
BANKING DISCLOSURE
Account Access
Limitations on funds Transfer from Money Market Checking and/or
Savings Accounts
Disclosure of Information to Third Parties
Documentation
How to stop a Preauthorized Payment
Account to Account Transfer
Our Liability for Failure to Make Transfers
California Community Bank’s
Responsibility
Stop Payment Request
In Case of Errors or Questions about Your Electronic Transfers
(Applies only to Consumer /Personal Accounts)
Liability for Unauthorized Use (Applies only to Consumer/Personal
Accounts)
5. PROVISIONS
APPLICABLE TO
BUSINESSES
6. OFFICE
OF FOREIGN ASSET
CONTROL
7. FEES
AND CHARGES
California Community Bank-Online
Banking
8. OTHER
GENERAL TERMS
Other Agreements
Severability
Modifications to This Agreement
Rights to Terminate Agreement
Inactive Status
Governing Law
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
Our normal business days and hours are Monday through Thursday, 9:00
A.M. to 5:00 P.M., and Friday from 9:00 A.M. until 6 P.M., excluding
federal holidays.
Contact Us
You may visit our branch office during normal business hours or
telephone us at (760) 888-1000. A voice mail system is available
during non-normal business hours. You may also write to us at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido CA 92029
E-Mail
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
For security purposes, you are required to change your Access ID and
Password upon your initial login to Online Banking. You determine
what Access ID and Password you will use and the identity of your
password is not communicated to us. For your protection, we
recommend that you frequently change your personal password used to
access Online Banking. (You can change your password under the
Change Password button.) You agree to hold your Password and
Access ID in strict confidence and you will notify us immediately if
your Password and/or Access ID is lost or stolen. As a precaution,
it is recommended that you memorize your Password and Access ID and
do not write either down. Passwords should not be easy to guess; for
example, your children’s or pet’s names, birth dates, addresses or
other easily recognized identifications related to you. It is also
recommended you do not have your browser automatically remember your
password. The Access ID must contain at least 6 characters while
your Password is required to be between 8 and 12 characters. It is
recommended that you use a combination of alpha and numeric or a
combination of upper and lower case alpha for security purposes.
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
To guard against unauthorized use of your Access ID and Password,
Online Banking disables the password indefinitely on the third
unsuccessful attempt to log in. You will need to call the Bank at
(760) 888-1000 to reestablish the password for your account(s).
Lost or Stolen Password or Access ID
Contact California Community Bank AT ONCE if you believe your
Password, Access ID, Telephone Banking Password, ATM/POS Card, VISA
Check Card, or Personal Identification Number (PIN) has been lost or
stolen or if you have identified any unauthorized Electronic Funds
Transactions (EFT) on your current statement viewed on-line or your
monthly printed statement. Telephoning us IMMEDIATELY at
(760) 888-1000 is the best way of minimizing your potential losses.
You may also write to us to report the problem at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido CA 92029
Personal Information Protection
In addition to protecting your Password, Access ID, and account
information, you should also protect your personal identification
information, such as your Driver’s license, Social Security Number,
etc. This information, alone or together with information about your
account, may allow unauthorized access to your account. It is your
responsibility to protect your personal information with the same
level of care that you protect your account information.
Examine Your Statement
You must promptly review your statement upon receipt. See In Case
of Errors or Questions About Your Electronic Transfers for
further information.
4.
ELECTRONIC BANKING DISCLOSURE
Account Access
Online Banking is an Internet-enabled service provided to our
customers. By using Online Banking with your personal Password and
Access ID, you can:
-
Make account inquiries
-
Check account balances
-
Transfer funds between your Savings, Checking and Money
Market accounts
-
Access your current account statement(s)
-
Request a Stop Payment
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) 888-1000 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
Pursuant to federal regulations, you are limited to the number of
certain transactions you can make on your Savings and/or Money
Market Checking Accounts.
For Savings Accounts you may make no
more than six (6) transfers to another account or to a third party
by pre-authorized transfer, online transfer, telephone transfer, fax
request, or ACH (Automated Clearing House-electronic transaction)
per month.
For Money Market Checking Accounts, you
may make no more than six (6) transfers to another account or to a
third party by pre-authorized transfer, online transfer, automatic
transfer, point of sale (POS), telephone transfer, fax request,
voice response request, and ACH (Automated Clearing House-electronic
transaction), of which only three (3) may be checks, per statement
cycle.
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 will disclose information to third parties about your account or
the transfers you make:
-
Where it is necessary for completing transfers; or
-
In order to verify existence and condition of your
account for a third party, such as a credit bureau or merchant; or
-
In order to comply with government agency or court
orders
-
If you give us written permission
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
You will continue to receive your regular account statement.
Accounts containing Online transactions will receive a monthly
statement, even if the normal statement cycle is quarterly, for the
month during which the Online transaction was conducted. This change
to a monthly cycle is made in order for the Bank to comply with
Federal Regulations.
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) 888-1000 during regular
business hours or (760) 888-1122 (Telebank service) to find out
whether or not the deposit has been made.
Preauthorized Payments
If you have told us in advance to make regular payments
(preauthorized payments) out of your account you can stop any of
these payments. Here’s how:
Call us at (760) 888-1000 during regular
business hours or write to us at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido, Ca 92029
We must receive your stop payment request three (3)
business days or more before the payment is scheduled to be made. If
you make a call, we may also require you to put your request in
writing and get it to us within fourteen (14) days after you call.
Account-to-Account Transfers
If you have established two or more deposit accounts with California
Community Bank and use the Online transfer feature provided as a
convenience to you, it is believed to be in good faith by an
authorized person.
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
California Community Bank agrees to make reasonable efforts to
ensure full performance of Online Banking. California Community Bank
will be responsible for acting only on those instructions sent
through Online Banking, which are actually received in a condition
that allows downloading and ability to read, and cannot assume
responsibility for malfunctions in communication facilities not
under our control, which may affect the accuracy or timeliness of
messages you send. California Community Bank is not responsible for
any losses incurred should you give incorrect instructions, or if
your transfer instructions are not given sufficiently in advance to
allow for timely processing.
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
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 and damages. However, there are some
exceptions.
We will not be liable, for instance:
-
If, through no fault of California Community Bank, you
do not have enough money in your account to make the transfer.
-
If the transfer would go over the credit limit on your
overdraft line.
-
If the automated teller machine where you are making the
transfer does not have enough cash.
-
If the terminal or system was not working properly and
you knew about the breakdown when you started the transfer.
-
If circumstances beyond our control (such as fire or
flood) prevent the transfer, despite reasonable precautions that
we have taken.
-
There may be other exceptions, which may or not be
stated in our agreement with you.
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)
In case of errors or questions about your Electronic Transfer, or if
you think your statement or receipt is wrong or if you need more
information about an Electronic Transfer listed on your account
statement or receipt, contact us as soon as you can by telephoning
us at (760) 888-1000 or by writing to us at:
California Community Bank
1320 West Valley Parkway Suite 301
Escondido CA 92029
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.
-
Tell us your name and your 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 (five (5) business days if involving a Visa transaction or
twenty (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 forty-five (45) days
(ninety (90) days if the transfer involved a new account, a
point-of-sale transaction, or a foreign-initiated transfer) to
investigate your complaint or question. If we decide to do this, we
will credit your account within ten (10) business days (five (5)
business days if involving a Visa transaction or twenty (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 ten (10) business days, we may not credit your
account.
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)
You Agree to tell us at once if you believe that your
Password and/or Access ID (including ATM/POS card, Telephone
Banking, Debit card or PIN), has been lost or stolen or discovered
by an unauthorized person. Telephoning us is the best way of keeping
your possible losses down. You could lose all of the money in your
account (plus your maximum Ready Reserve line of credit). If you
believe that that your Password and/or Access ID (including ATM/POS
card, Debit card or PIN), has been lost or stolen or discovered by
an unauthorized person and you notify us within two (2) business
days of the loss or theft, you can lose no more than $50 if someone
used your card and/or codes without your permission. If you do NOT
tell us within two (2) business days after you learn of the loss or
theft of your Password and/or Access ID, ATM/POS card Debit card or
PIN, and we can prove that we could have stopped someone from using
the card and/or codes without your permission if you had told us,
you could lose as much as $500.
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
Business accounts utilizing the Online Banking Services agree to
keep all Password and Access ID’s confidential and safeguarded, and
only authorized account signers are to access the Business account(s)
through Online Banking. In addition to authorized signers, the
Business may designate other persons to access the Business
account(s) through Online Banking by signing an Authorization
Amendment for Business Access to Online Banking. The Business
agrees and represents that these persons will abide by the
Online Banking Agreement, including keeping the Password and Access
ID confidential and reporting to an authorized signer and the
Bank if they suspect someone has obtained their Password and/or
Access ID. The Business also agrees to establish
policies and procedures to prevent disclosure of any security code
to any unauthorized personnel.
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
Under the Bank Secrecy Act, the Bank is prohibited from transacting
business with persons or entities listed as “blocked” by the Office
of Foreign Assets Control (OFAC). The official listing is published
in the Federal Register and updated from time to time. You agree not
to transact business with persons or entities blocked by OFAC.
7. FEES
AND CHARGES
Online Banking
There are no fees or charges for accessing your account through
Online Banking. Other fees, as described in your Schedule of Charges
and Fees (prior receipt of which you acknowledge), may apply to
services you order online.
8. OTHER
GENERAL TERMS
Other Agreements
In addition to this Agreement, you agree to be bound by and
will comply with all terms and conditions applicable to each of your
accounts with California Community Bank, as described in your Terms
and Conditions of Your Account Disclosure and the Schedule of
Charges and Fees (prior receipt of which you acknowledge).
You Agree that your use of the Online Banking is your
acknowledgement that you have received these agreements and intend
to be bound by them.
Severability
In the event that any portion of this Agreement is held by a court
to be invalid or unenforceable for any reason, the remainder of this
Agreement shall not be invalid or unenforceable and will continue in
full force and effect. All headings are intended for reference only
and are not to be construed as part of the Agreement.
Modifications to This Agreement
California Community Bank may modify the terms and conditions
applicable to Online Banking from the time to time upon mailing or
delivering a notice of the modifications to you at the address shown
on your account records, and the revised terms and conditions shall
be effective at the earliest date allowed by applicable law.
Right to Terminate Agreement
California Community Bank reserves the right to terminate this
Agreement and your access to Online Banking in whole or in part,
with or without notice, at any time.
Inactivity Status
If you do not access Online Baking during any consecutive sixty (60)
day period your password will convert to an 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.
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
1320 West Valley Parkway Suite 301
Escondido CA 92029
Governing Law
This agreement is governed by the laws
of the State of California, bank regulations and applicable federal
law.
California Community Bank Liability
You Agree that, except as specifically provided in
this Agreement or where the law requires a different standard, you
agree that neither we, CCB, nor the third party service providers
shall be responsible for any loss, property damage or bodily injury,
whether caused by the equipment, software, California Community
Bank, 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, CCB,
or the service providers be responsible for an direct, indirect,
special, or consequential economic or other damages arising in any
way out of the installation, download, use, or maintenance of the
equipment, software, Online Banking, or Internet browser or access
software
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
1320 West Valley Parkway Suite 301
Escondido CA 92029
California
Community Bank
Online Security
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 Layer
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.
Intrusion Detection Systems
Our 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 Yourself
Internet 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. |
