Skip to main content

Consent to Receive Electronic Communications & Online Banking Terms and Conditions

Consent to Receive Electronic Communications

This document includes consumer disclosures required under federal laws such as the Electronic Fund Transfer Act and its implementing Regulation E. Defined terms in this document are provided under the “Online Banking Terms and Conditions” section, below.

If you choose not to agree by clicking the “Decline” button below, you will not be eligible to enroll in online banking. Your decision to select “Decline” below will not limit our ability to otherwise communicate with you electronically, to the extent not prohibited by applicable law.

Electronic Records. By clicking the “Accept” button at the bottom of this document, you understand and agree to be bound by the terms and conditions of the Online Banking Terms and Conditions, and to your receipt of the same in electronic form, as well as the following communications (collectively referred to herein as “Electronic Communications”) regarding your Accounts:

  • This Consent;
  • Online Banking Terms and Conditions (the “Access Agreement”). The Access Agreement contains the terms and conditions governing the online banking services offered by the Bank to you, including electronic fund transfers to or from your designated accounts. It also contains information that the Bank is required to disclose under the Electronic Fund Transfer Act and its implementing Regulation E.
  • Any change in terms, as well as terms and consumer disclosures pertaining to additional features or limitations of the online banking services (including any mobile banking services), and notices applicable to the Access Agreement. This includes consumer disclosures and notices that applicable laws and regulations require the Bank to provide to you, from time to time.
  • Any notice regarding changes to this Consent, such as hardware or software changes that may impact your ability to access Electronic Communications, including any notice revoking or limiting access to our website to access a Communication or certain information previously provided to you.

Paper Copies. You may obtain paper copies of any of the Communications the Bank provides to you electronically by contacting River City Bank Customer Service at (916) 567-2899 or (800) 564-7144. If you request a paper-based copy, the Bank will provide the first copy to you free of Bank fees or charges. The Bank will mail paper-based copies of a Communication to you (at the address shown on the Bank’s records) within 5 business days after the date the Bank receives your request. Although we do not currently impose a fee or other charge for paper copies of Communications, we reserve the right to impose a fee or charge in the future and to change such fee at any time.

Withdrawal of Consent. If you wish to withdraw your consent to receive future Electronic Communications, you may do so at any time. Once we have had a reasonable opportunity to respond to your consent withdrawal, we will terminate the delivery of future Electronic Communications to you in electronic form. To withdraw your consent, all you need to do is contact River City Bank Customer Service at (916) 567-2899 or (800) 564-7144. Your withdrawal will not affect the previously delivered Electronic Communications. We do not currently impose any fee or other charge if you choose not to consent or if you withdraw your consent. However, we reserve the right to impose a fee in the future and to change such fee at any time. You will be advised prior to the effective date of any such change.

Hardware or Software Requirements. In order for you to access and retain the Electronic Communications, you will need a computer with sufficient memory to store electronic records as well as a working connection to the internet. You will need access to a printer or the ability to download information to your hardware in order to retain copies of the Electronic Communications. In addition, you will need the following:

  • Internet Access
  • A computer and internet browser that can support TLS v1.2 encryption
  • A printer and/or sufficient hard-drive space or other media (i.e. CD, DVD) if you plan to save disclosures in an electronic format
  • An active email address
  • An internet browser, such as Internet Explorer® (Version 11.0 or higher), Firefox® (Version 76.0 or higher), Safari® (Version 13.0 or higher), or Google Chrome™ (Version 83.0 or greater).

If the Bank changes the minimum hardware or software requirements needed to access or retain the Electronic Communications and the change creates a material risk that you will not be able to access or retain a subsequent record, then before the change takes effect the Bank will let you know about the change and the new requirements. The Bank will notify you by e-mail, and at that time you will be allowed to choose whether you still want to give the Bank your consent to receiving Electronic Communications by electronic means. If not, you will be allowed to withdraw your consent at that time.

How the Service Works. For continuing or future Electronic Communications, you may periodically receive an e-mail notification that an electronic record or notice is available for review and you will be directed to information posted at the Bank’s website. To view the Electronic Communications you may also be required to access the Bank’s website, open the secure connection for online access, and click on the necessary tabs (for example, when accessing electronic records that contain personally identifiable financial information). We reserve the right, from time to time, to deliver one or more Electronic Communications in paper form instead of electronic form by mailing such communications to the last known mailing address on our records for you. In the event that we do so, we are in no way terminating this Consent and we may continue to provide such communications to you in electronic form.

Email Address. In order to ensure that the Bank is able to provide you with Electronic Communications, important notices and other information from time to time, you must provide the Bank with your current e-mail address and update the Bank with any changes. You can update your e-mail address using the following methods:

  • Login to online banking, click on the “Customer Service” tab and click on “Manage contact information” below Account
  • Contact River City Bank Customer Service at (916) 567-2899 or (800) 564-7144 for assistance.

If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any Electronic Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our website or e-mailed to the e-mail address we have for you in our records. We reserve the right, in our sole discretion, to discontinue providing records in electronic form. We also reserve the right to change the terms and conditions of this disclosure and consent. If required by law, we will provide you with notice of any such termination or change, and request a new consent. If you download or print any confidential materials, such as your transaction history, be sure that you store them in a secure environment, just as you would paper-based bank records, and be aware that some computers and mobile devices store or cache such records that may be visible to other users.

Online Banking Terms and Conditions

This Online Banking Terms and Conditions (“Access Agreement”) includes, but is not limited to, certain disclosures for electronic transfers and transactions. This Access Agreement will be effective as of the first day we make the Online Services accessible to you. Unless otherwise stated, any reference to the Access Agreement shall include applicable schedules, enrollment forms and exhibits to the same, as well as applicable current and future user guides, user manuals, set-up forms and other user materials, including online terms and information, as amended from time to time.

Notice to Consumers: This Access Agreement includes disclosures applicable to consumers as provided under the Electronic Fund Transfer Act (EFTA) and its implementing Regulation E. Read this document carefully and retain a copy for your records.

This Access Agreement is in addition to other agreements between River City Bank and you, including but not limited to (as applicable), your checking, savings, and other deposit and loan account agreements and disclosures, as may be modified from time to time by us. If there is a conflict between the terms and conditions of this Access Agreement and those contained in your account agreements and disclosures, this Access Agreement will control regarding the Online Services.

1. General Terms

Definitions. In this Access Agreement, defined terms have the meaning given to them. In addition:

  • An “account” means any account you maintain with us and can include all accounts and products you use with us. Your “Account” is the account you have designated as the account accessible to the Online Services.
  • An “authorized representative” is a person with authority of any kind with respect to an Account.
  • Your “available balance,” “available funds” and similar words mean the balance in your Account as determined under our funds availability policy.
  • A “business” is anyone other than a consumer who owns an Account with respect to which an Online Service is requested. A business includes a sole proprietor, corporation, partnership, limited liability company, unincorporated association or any person not a consumer. “Business days” means Monday through Friday, except federal holidays.
  • A “commercial account” shall mean an account that is not established primarily for personal, family or household purposes, or is otherwise not a “consumer account” under the EFTA.
  • “Communication(s)” means instructions and actions from you (or attributable to you under this Access Agreement or otherwise) received by us through the Online Services.
  • A “consumer account” shall mean an account that is established primarily for personal, family or household purposes, and is subject to the EFTA as a “consumer account.”
  • A “new account” shall mean an account that has been open for thirty (30) calendar days or fewer.
  • The “Online Service(s)” are the online banking interface and the banking services described in this Access Agreement including any mobile or wireless access device banking services provided hereunder.
  • A “payment order” is a payment order as defined under Division 11, as amended or revised, of the California Commercial Code, and includes a Communication received by us instructing us to pay, or to cause another bank to pay, a fixed or determinable amount of money to you, to a third party or to any other beneficiary.
  • Your “Security Codes” are the credentials (such as codes and passwords) that are associated with you and used by us to verify the authenticity of Communications from you. Security Codes are used to access Accounts and to use the Online Services. The Security Codes include any supplemental or alternative method used to verify the authenticity of Communications that may be offered or presented to you by us from time to time.
  • The word “includes” means “including but not limited to” the examples given.
  • The word “may,” when used in reference to us, means at our option and sole discretion. Action (or inaction) that we “may” take is authorized by you and allowed to us, but is not required. You agree that we will not be liable for any action taken or any failure to act when action or inaction is at our discretion.
  • The words “we,” “us,” “our,” “Bank” and similar terms are used to refer to River City Bank and its authorized agents.
  • The words “you,” “your,” and similar terms are used to refer to the person entering into this Access Agreement and to each person who is an owner of or has an interest in an Account together with the owner’s authorized representatives.

Agreement. We may act on requests for information, or requests to facilitate any Online Service requested on or associated with an Account, from any Account owner (including joint owners) or their authorized representatives. Each time you use our Online Services or you permit any other person to use our Online Services you are agreeing to the terms and conditions that we have set out in this Access Agreement, including any instructional materials regarding the Online Services, as amended, including instructions presented to you at our website.

You agree not to resell or offer an Online Service to another, or to process any transactions for others using an Online Service. If you are a natural person, you certify that you are at least 18 years or older (or such older age of majority as determined by applicable state law). You authorize us to obtain information about you from others (including credit reporting agencies) as part of our review of your enrollment and from time to time thereafter. You agree to provide us with information as we request, from time to time.

Waiver Of Access Restrictions: Your Accounts may be subject to access restrictions when you conduct transactions in person or when you are using systems other than with an Online Service. We may limit or deny Online Services to you if there are access restrictions. Conversely, we may process your transactions based on Communications without regard to or any need to comply with access restrictions otherwise applicable to your Accounts.

2. Available Online Services; Cut-off Hours

With the Online Services, you can (subject to system limitations and verification, as applicable):

  • Obtain Account information. Balances may include funds that are not finally collected or available for immediate withdrawal. Account information allows you to view Account summary data and view Account statements (Current and limited previous month’s statements). You may also access limited Account histories.
  • Transfer funds between linked Accounts (Excluding certificates of deposit).
  • Initiate advances and make payments (“Loan Payment(s)”) to your loan Accounts with us.
  • Initiate check stop-payment instructions.
  • Set up automated alert notifications (“Alerts”).
  • Order Checks.
  • Initiate bill payments (“Bill Payments”).
  • Receive electronic bills from your billers (“eBills”).
  • Initiate transfers between your accounts with us and accounts of yours at other financial institutions (“External Account Transfers”).

Online Services performed during nightly processing may not succeed when applied to your actual balance at the end of the nightly processing. A Communication received by us after the cut-off time on a business day, or on a day that is not a business day, may be treated by us as if it were received on the next business day. At our option, however, we may treat it as received the same day as the day of receipt. There can be a delay between the time when you send a Communication to us and the time we receive it. Our current cut-off hour for transfers between linked Accounts is 9 p.m. Our current cut-off hour for Loan Payments, Bill Payments, External Account Transfers and check stop payment orders may have separate cut-off hours, identified below. All times provided in this Access Agreement will refer to Pacific Time.

3. Eligible Accounts

When you initially activate the Online Services, all accounts with your taxpayer identification number will be linked to the Online Services. If you open an account after your initial activation, you may need to call us at (916) 567-2899 or (800) 564-7144 to add the new account(s) to your linked accounts for the Online Services. We are not, however, obligated to establish access to any or all of your Accounts, and not all Online Services may be available with all Accounts. Some Online Services may not be available without special application to and approval by us, or may be limited to specific types of Accounts. If you close an Account which you have designated for a particular Online Service (for example Bill Payment Services), you must notify us and identify a new designated account for the selected services. Additionally, if you close all Accounts, you must notify us to cancel the Online Services.

Eligible Accounts include the following types: checking, money market, savings and time deposits. In some cases, we may allow loans and lines of credit to be linked, in which case you agree that the relevant loan agreement, note or other document is modified to the extent necessary to allow the transfers or other Online Services that may be utilized. Certificates of deposit are time deposits where early withdrawal penalties may result. No online transactional activity is allowed on certificates of deposit, which are view-only. Accessibility to Accounts may vary based on the Online Service(s) you use.

You agree to review the configuration of your Account(s) at commencement of the Online Services, and periodically thereafter.

4. Transfer Limitation

For certain types of transactions/transfers from a money market or savings account, you are permitted to make no more than six transfers and withdrawals, or combination of them, per calendar month or statement cycle, to another account or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, including by check, draft, debit card or similar order by you and payable to third parties. If you exceed these limits, we may impose a fee, close or convert your Account, limit your use of the Online Services, or any combination of the foregoing. See your account agreement for more information about these limitations and fees.

5. Sufficient Funds

You must have sufficient available funds in your Account to cover the amount of any transaction that would be charged to your Account. Depending on the Service you are using, you may be required to have sufficient funds available as of a particular day, and possibly be required to continue to maintain the available funds in your Account for an extended period. Subject to limitations set out in this Access Agreement, you can request payments up to the amount of available funds or available credit in your Account. We may hold (or “freeze”) funds at any time after you have initiated an Online Service for any reason, including as a means of reducing risks that there will be insufficient funds for completing the Online Service. If we do hold funds, we may treat the held funds as not available for other purposes, and reject other transactions (for example, checks or other transfer instructions). We may allow overdrafts/overlimits or negative balances, but we also may discontinue the practice at any time with or without prior notice to you. If you do not have sufficient or available funds or credit, you may be charged an overdraft or other fee (such as fees for returned checks or other electronic items) as described in the Service Fees and Charges Section of this Access Agreement. Nothing in this Access Agreement, or any course of dealing between us, shall be construed as our commitment or obligation to lend you money.

6. Computer Equipment and Software to Access the Online Services

You are responsible for providing and maintaining any equipment that is necessary for the Online Services, such as telephones, terminals, modems and computers. You agree to use equipment that is compatible with our programs, systems and equipment, which we may change from time to time. We assume no responsibility for the defects or incompatibility of any computers or software that you use in connection with the Online Services, even if we have previously approved their use. We make no warranty, express or implied, in law or in fact, including but not limited to any implied warranty of fitness for a particular purpose or of merchantability, with respect to the online services, or any computer programs, equipment or software made available to you. You agree to notify us promptly if any software or equipment we provide to you becomes defective. Our sole responsibility (if any) in such instances will be to repair or replace the defective software or equipment.

To use the Online Services, you must have a sufficiently powerful computer, hardware and appropriate software. At this time, this includes an Internet browser that supports TLS v1.2 encryption. Some Online Services may require you to download software from our website; in some cases, we may place software on your computer as part of our security and/or verification tools. You agree to maintain the confidentiality of the Security Codes at all times and not to provide access to them to anyone that you do not authorize to access your Accounts through the Online Services. You expressly acknowledge that any wireless access to the Online Services initiated by you may not be secure and, in such cases, you assume the risk associated with unauthorized access to the Online Service and any information contained therein, resulting from such wireless connectivity. For commercial accounts (as applicable), you agree to implement and maintain administrative, technical and physical safeguards to protect against unauthorized access to or use of any Account information which you may access or store on your computer or other data storage systems.

7. Privacy and Confidentiality

All information gathered from you in connection with using the Online Service will be governed by the provisions of our consumer privacy policy (applicable to consumer accounts only), as well as our Internet privacy statement, which you agree to review by accessing on our homepage.

In addition, 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 the 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, or
  • If you give us your written permission, or
  • As otherwise required or permitted by law.

Consent For Us to Contact You. You agree that we or our agents may contact you at any email address or telephone number you provide to us, including any cell phone number, whether at account opening or thereafter. You authorize us to send text messages and make prerecorded or autodialed calls to any number(s) you provide. Your service provider may impose a charge for those calls/messages.

8. Linking Accounts

If you have more than one Account, you can request that we “link” the relationships together for access through the Online Services. Your request to link Accounts will be and remain subject to approval by us. You may also be required to enter into supplemental agreements with us. Any signer on any linked Account, acting alone, is authorized by you to access and use Online Services for any other linked Account, whether or not that person would be authorized to transact on the other linked Account in the absence of this Access Agreement.

As to commercial accounts (as applicable), you represent and warrant that you have authorization from the Account owner to engage in each Online Service used by you affecting an Account that is linked. You make this representation and warranty at the time the Accounts are linked and each time you use an Online Service to access or transact on an Account. These representations and warranties are in addition to any others contained in this Access Agreement or in any supplemental agreements that may be required by us.

9. Security Code Credentials

During your enrollment for the Online Services, you are required to select or will be assigned certain numbers, codes, marks, signs, public keys or other means of authenticating your identity and electronic communications in your name. These may include a customer number, logon name, and password. These credentials, together with the other potential components of your Security Codes, will give access to your Accounts through the Online Service. This includes multi-factor authentication (such as the use of one-time passcodes when you access your Accounts from a computer or mobile device we don’t recognize).

You agree to change all passwords with sufficient frequency so as to protect confidentiality, and in any event no less frequently than every 365 days.

You agree to keep all Security Codes confidential; you agree not to write them down. Passwords should not be easy to guess: for example, your children’s or pet’s names, birth dates, addresses or other easily recognized identification related to you. In addition to protecting your account information, you should also take precautions to protect your personal identification information, such as your driver’s license and Social Security Number. It is your responsibility to protect personal information with the same level of care that you protect your account information.

It is also recommended you do not have your browser automatically remember your password. If you share your Security Code or otherwise authorize a third party to access your Accounts (such as through an online aggregator service), you acknowledge that you are liable for any transfers or data access by such third party services, whether or not authorized by you and that we are not liable for such transfers or access or in any other way in relation to such services.

We may offer to you or require you to use additional authentication tools or methods from time to time. If you choose not to implement supplemental authentication tools, your access to some or all Online Services may be limited. The term “Security Codes” will include any supplemental authentication tools that are used by you.

10. Contact in Event of Unauthorized Transfer

If you believe any part of your Security Code, including your password, has been lost or stolen call:

(916) 567-2899 or (800) 564-7144
or write: PO Box 15247, Sacramento, CA 95851

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

11. E-Mail

Sending an e-mail to us using the Online Services is not a secure method of communication and we recommend that you do not send personal, financial or confidential information by e-mail.

Messages sent to us through e-mail are not reviewed by Bank personnel immediately after they are received. If immediate attention is required, you must contact us by telephone or in person.

You acknowledge that the Internet is inherently insecure and that all data transfers (including transfer requests and electronic mail) occur openly on the Internet. This means that the data transfers potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the Online Services will not be monitored or read by others.

Your e-mail messages may be acted upon by us if received in a manner and in a time providing us a reasonable opportunity to act. Nevertheless, unless otherwise provided herein, e-mail messages will not serve as a substitute for any requirement imposed on you to provide us with “written” notice.

E-mail or messages sent by us to you will be deemed received by you when sent by us to you at your e-mail address as shown on our records. You agree to notify us (using the Online Service or otherwise in form acceptable to us) whenever your e-mail address changes. You agree that information or messages made available to you via the Online Services will be deemed received by you when first posted on our website or made available to you. You agree to access the Online Service from time to time, in no event less than monthly, to access this information or the messages.

12. Loan Payments

Generally. When using the Loan Payment feature, you must designate the Account (“Loan Account”) to which the Loan Payments are to be applied. In addition, you will be required to identify the Account from which payment will be made (“Payment Account”), the amount of the payment and the date you want the payment to be processed (“Payment Processing Date”). Your actual Payment Processing Date depends on whether you submit your Loan Payment instruction in advance of the applicable cutoff hour and whether sufficient funds are available in your Account at the time your instruction is processed, as described below, and otherwise in accordance with this Access Agreement.

Sufficient Funds; Payment Account Ownership. You represent that you have sufficient available funds in your Payment Account to cover the amount of your Loan Payments. Additionally, you represent that you are the owner of the Payment Account and that the Loan Payment transfer will not violate any restriction on the Payment Account.

One-Time Payment. You can use the Loan Payment feature to make a one-time Loan Payment. A one-time Loan Payment will be processed on the Payment Processing Date; provided the Payment Account has sufficient available funds, and the Payment Processing Date selected by you is a business day and you submit your one-time Loan Payment instruction prior to the Loan Payment cutoff hour for that date. If you select a Payment Processing Date that is not a business day, or submit your Loan Payment instruction after the Loan Payment cutoff hour for that date, then the Payment Processing Date will be the next business day. For cutoff hours for Loan Payments, see the heading, “Loan Payment Cutoff Hour,” below.

Recurring Payments. You can use the Loan Payment feature to make recurring Loan Payments. The Loan Payment feature will allow you to schedule Loan Payment instructions that will cause a Loan Payment to be processed from the account you identify, on your selected frequency on an ongoing basis. However, if the future Payment Processing Date you request is on a non-business day, or if you request a recurring Loan Payment instruction to begin on a date after the Loan Payment cutoff hour for that date, then the new future Payment Processing Date will be the next business day.

Prepayment Premiums. The terms and conditions of any prepayment premium, prepayment fee or other charge contained in your applicable loan agreement will apply for Loan Payments made online.

Loan Payment Cutoff Hour. Our current cutoff hour for Loan Payments is 10:00 p.m.

Scheduling Payments in Advance of the Loan Payment Due Date. You are responsible for ensuring that you initiate a Loan Payment instruction in time for the payment to be received by us before its due date (“Loan Payment Due Date”) (without taking into account any grace period). We are not responsible for any damages, costs or fees you may suffer if you do not allow sufficient time between the Payment Process Date and the Loan Payment Due Date.

Payment Changes and Cancellation. You may change or cancel a Loan Payment instruction via the Online Service as long as you submit the change or cancellation request by 5:00 p.m. of the scheduled Payment Processing Date”) prior to the Payment Processing Date for the Loan Payment instruction and you follow the Loan Payment instructions provided by the Online Service for changes and cancellations.

Accurate Information. The Loan Payment will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way, the Loan Payment may be delayed or misdirected.

13. Bill Payments

Generally. When using the “Bill Payment Service” you must designate the Account (“Bill Payment Account”) from which the Bill Payments are to be made, the complete name of the payee, your Account number and the payee’s remittance address (exactly as shown on the billing statement or invoice), the amount of the payment and the date you want the payment sent to the payee (“Send My Payment On” date). The system will calculate an expected Delivery Date for your Bill Payment based on the payment type, our cut-off hours (as described below) and the selected “Send My Payment On” date (“Payment Processing Date”).

Dollar Limits. Bill Payments are subject to a dollar limit of $9,999.99 per transaction and $20,000.00 aggregate total each day.

Cut-off Hour. Bill Payment instructions received by us after 6:00 p.m. or on a day that is not a business day of ours may be treated by us as received on the next business day. Same-day Bill Payment instructions may be required to be submitted at an earlier time on a business day.

Setting-Up Payees. When you sign onto the Bill Payment Service, you must establish your list of payees. A payee is anyone, including us, whom you designate to receive a Bill Payment provided that we accept the payee for the Bill Payment Service. If we accept the payee, then the payee will be placed on your authorized list of payees. Each time you want to initiate a Bill Payment, the payee must be on your authorized list of payees, and if payment will be facilitated electronically to the payee’s financial account (rather than by paper check) the payee’s receiving financial account must be within the United States, including Guam, Puerto Rico, U.S. Virgin Islands, and international U.S. military bases.

We are not responsible if a Bill Payment is not made to a payee because you provided us with incomplete, incorrect or outdated information regarding the payee or we attempted to make a payment to a payee that is not on your authorized list of payees. Also, we reserve the right to refuse to approve a payee for your authorized list of payees and to otherwise prohibit payment to a payee via the Bill Payment Service.

One-Time Payment. You can use the Bill Payment Service to make a one-time Bill Payment. A one-time Bill Payment will be processed on the Payment Processing Date provided that the Payment Processing Date selected by you is a business day and you submit your one-time Bill Payment instruction prior to the Bill Payment cutoff hour for that date. If you select a Payment Processing Date that is not a business day or submit your Bill Payment instruction after the Bill Payment cutoff hour for that date, then the Payment Processing Date will be the next business day.

Recurring Payments. You can use the Bill Payment Service to make recurring Bill Payments. The Bill Payment Service will allow you to schedule Bill Payment instructions that will cause a Bill Payment to be processed from the selected Bill Payment Account on your selected frequency on an ongoing basis. However, if the future Payment Processing Date is on a non-business day or if you request a recurring Bill Payment instruction to begin on a date after the Bill Payment cutoff hour for that date, then the new future Payment Processing Date will be the next business day.

Available Funds. For Bill Payments, you will need to have sufficient available funds in your designated Bill Payment Account to cover the amount of the Bill Payment on the Payment Processing Date. You can initiate Bill Payments up to the available funds in your Bill Payment Account, plus any linked credit or other overdraft facility (as applicable) provided such payments adhere to transaction dollar limits. If you exceed these limits, we may prevent (or reverse) Bill Payments in any order and in any amount that we choose, even if the result is to reduce your transactions to a level below the amounts needed to pay your bills.

Non-Recommended Payees. We do not recommend that you use the Bill Payment Service to pay your federal, state or local taxes, courts or other governmental entities. These agencies normally require an accompanying coupon, which cannot be provided via the Bill Payment Service. We will not be liable for penalties, interest or other damages of any kind if you try to use the Bill Payment Service to remit or pay money for taxes, or to courts or governmental agencies.

Scheduling Payments in Advance of the Due Date. The Payment Processing Date is the date that we will initiate the Bill Payment. You need to select a Send My Payment On Date sufficiently in advance of the due date of your bill (“Due Date”) to allow the payee to receive it before the Due Date set by your payee and without taking into account any grace period that may be offered by your payee.

Electronic bills will be paid within two (2) to three (3) business days of the close of business of the Payment Processing Date. Some companies you pay through the Bill Payment Service are not set up for electronic payment and therefore will receive a paper draft on your behalf. This paper draft is a check drawn on your account or the account of your third-party service provider. These paper draft payments can take up to five (5) business days from the close of business of the Payment Processing Date for the payee to receive the payment. You are responsible for selecting a Send My Payment On Date that ensures the timely receipt of your Bill Payment by the payee before its Due Date (without taking into account any grace period). We are not responsible for any damages you may suffer if you do not allow sufficient time between the Payment Processing Date and the Due Date of your bill or obligation, without counting any grace period offered by the payee.

Stale Dated Paper Drafts. If a Payee who was sent a paper draft fails to negotiate the check within 90 days, we will stop payment on the check and re-credit your account for the amount of the payment.

Payment Changes and Cancellation. You may change or cancel a Bill Payment instruction via the Service as long as you submit the change or cancellation request prior to the cutoff hour on Payment Processing Date for the Bill Payment instruction, provided the Bill Payment status has not changed to “in-process.” If you wish to place a Stop Payment order on a paper draft payment, you must notify us prior to presentment of the relevant item so that we and our third party service provider have a reasonable opportunity to act on the request. You must give us timely, complete and accurate information, including the Payment Processing Date, payee, EXACT amount of the check, and reason for the stop request. If any information is incomplete or inaccurate, we will not be responsible for failing to stop payment on the check. There will be a fee assessed for each Check Stop Payment request whether or not we receive the request in time to place the Check Stop Payment.

Accurate Information on Payees. The Bill Payment will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way the Bill Payment may be delayed or misdirected. If the Service provides you with a series of options regarding payee address or location, you are responsible for correcting that information if such information does not agree with your records or with your particular bill. We and the others that handle your Bill Payment (including the payee’s bank) are entitled to rely on information you supply, such as the payee’s account number or the routing number of the payee’s bank, even if the name you give to us and the number you give to us identify different persons.

14. External Transfers

Generally. The “External Account Transfer” feature allows you to transfer funds: (i) between your deposit accounts that you maintain with us; and (ii) between your deposit account(s) that you maintain with us on the one hand, and your account(s) that are maintained by other financial institutions, on the other hand.

Dollar Limits. External Account Transfers are subject to a dollar limit of $5,000 per transaction, $5,000 aggregate total each day, and $20,000 aggregate total each calendar month.

Volume Limits. External Account Transfers are subject to a volume limit of 10 (ten) transfers per day and 40 (forty) transfers per calendar month.

Designated Account. When using the External Account Transfer Service, you must designate the account (“Designated Account”) to or from which the transfers are to be made, in addition to other details prompted by the External Account Transfer Service (e.g., the name of the payee, applicable account number, and routing number, the amount of the transfer and the transfer date (“Transfer on Date”). You represent and warrant that you are either the sole owner or a joint owner of the Designated Account and the recipient account and that you have all necessary legal right, power and authority to transfer funds between the Designated Account and the recipient account.

“Linking” of External Accounts. External Account Transfers may be conducted only between deposit accounts for which you are either the sole or joint owner, which are maintained either by us or by another financial institution, and that have been “linked” to an established transfer relationship. Transfer relationship linkage is established by us upon request, in our sole discretion, and is dependent upon ownership eligibility and verification. You agree to provide a recent bank statement and/or voided check for your external account as proof of account ownership. Once a transfer relationship is established, the external account will be eligible to send and receive funds using the External Account Transfer Services. We reserve the right to dissolve an established transfer relationship between linked accounts should we suspect misuse of the Service. External accounts maintained at third-party institutions are subject to transaction limitations, fees, and other terms that we do not control.

Setting-Up Payees. When you use the External Account Transfer Service, you must designate who the recipient of the funds transfer will be, including any detail prompted by the External Account Transfer Service. A recipient is anyone, including us, whom you designate to receive a transfer. We reserve the right to refuse or prohibit payment to a recipient via the External Account Transfer Service.

Cut-off Hour. External Account Transfer requests received by us after 4:00 p.m. or on a day that is not a business day of ours (or of any bill payment vendor or intermediary that we may use) may be treated by us as received on the next business day. These factors determine your actual Transfer on Date.

Timing. Outbound External Account Transfers will be debited from your Designated Account on the Transfer on Date. Please consult the financial institution at which your external account is held for details on when transfers to such accounts will be completed and the transferred funds made available in your external account.

Inbound External Account Transfers are sent to the financial institution at which your external account is held after the cut-off hour on the Transfer on Date for processing and are subject to the processing times of the financial institution holding the external account. Such transfers will be processed as “ACH debits.” Please allow four to five business days after the Transfer on Date for the transfer to be completed and the funds to be made available in your Designated Account with us.

New Account Holds. Transfers to or from new accounts (as defined above) may each be further delayed in final processing by a commercially reasonable period of time.

Available Funds. You will need to have sufficient available funds in your Designated Account to cover the amount of your External Account Transfer and applicable fees. You can initiate External Account Transfer Service instructions up to the available funds in your eligible Account; however, instructions must comply with established dollar and volume limits. Depending on the method used to submit your External Account Transfer, your Designated Account may not be debited on the Transfer on Date. Regardless of whether your Account is debited on the Transfer on Date or at a later time, you must continue to maintain sufficient available funds in your Designated Account to cover the amount of the External Account Transfer and applicable fees until it is ultimately debited from your Designated Account.

Accurate Information on Payees. The External Account Transfer will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way the transfer may be delayed or misdirected. We and the others that handle your transfer (including the payee’s bank) are entitled to rely on information you supply, such as the payee’s account number or the routing number of the payee’s bank, even if the name you give to us and the number you give to us identify different persons.

Authorization and Revocation. You agree and acknowledge that when you use the External Account Transfer Services to initiate a transfer you authorize us to initiate an ACH transaction to your external account. Also, you agree that for recurring and future dated transfers, this authorization will remain in effect until revoked by you through the External Account Transfer Services. We must receive your revocation request by 4:00 p.m. Your External Account Transfers cannot be cancelled once we have begun processing. Consumers should also see the section entitled “Right to Stop Electronic Payment and Procedure for Doing So” below.

Notice. You agree and acknowledge that we are not required to give you next day notice after our receipt of any External Account Transfer credit for a rejected or returned External Account Transfer request, and that instead notification is sufficient by posting the re-credited amount to the applicable Designated Account used for the debit and listing it on your periodic statement.

15. eBill Delivery and Presentment

This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your Billers directly if you do not receive your statements (“eBill Service”).

Information Provided to the Biller. The eBill Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers and e-mail addresses, with the electronic Biller. Any changes will need to be made by contacting the Biller directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Biller sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. The eBill Service may, at the request of the Biller, provide to the Biller your e-mail address, service address, or other data specifically requested by the Biller at the time of activating the electronic bill for that Biller, for purposes of the Biller informing you about eBill Service and/or bill information.

Activation. Upon activation of the electronic bill feature the eBill Service may notify the Biller of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Biller to Biller and may take up to sixty (60) days, depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic Biller reserves the right to accept or deny your request to receive electronic bills.

Authorization to Obtain Bill Data. Your activation of the electronic bill feature for a Biller shall be deemed by us to be your authorization for us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to provide us with your user name and password for that Biller. By providing us with such information, you authorize us to use the information to obtain your bill data.

Notification. The eBill Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the eBill Service, the Bill Pay Services may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate and that we have a current and accurate email address for you. By activating the eBill Service, you agree to the receipt of such e-mail notifications. You may specify within the service that you would like to opt out of receiving them. Regardless of whether you receive any notification, it is your responsibility to periodically logon to the eBill Service and check on the delivery of new electronic bills. The time for notification may vary from Biller to Biller. You are responsible for ensuring timely payment of all bills.

Cancellation of Electronic Bill Notification. The electronic Biller reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle of each Biller. The eBill Service will notify your electronic Biller(s) as to the change in status of your account, and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The eBill Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

Non-Delivery of Electronic Bill(s). You agree to hold the eBill Service harmless should the Biller fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Biller directly.

Accuracy and Dispute of Electronic Bill. The eBill Service is not responsible for the accuracy of your electronic bill(s). The eBill Service is only responsible for presenting the information we receive from the Biller. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Biller directly.

Your Obligations to Billers. This Access Agreement does not alter your liability or obligations that currently exist between you and your Billers.

16. Check Stop Payment Services (“Check Stop Payment Service”)

You may request a stop payment on a check issued on your Account(s) through the Online Service by completing the form presented as part of the Check Stop Payment Service and submitting all the required information to us (“Check Stop Payment”). Check Stop Payments must be received by us in sufficient time prior to presentment of the relevant item for payment so that we have a reasonable opportunity to act on the request. All Check Stop Payment orders, renewals and revocations of stop orders will be subject to our current policy on stop payment orders. Requests received after our cut-off hour, currently 10:00 p.m. or on a day that is not a business day may be deemed received the following business day. For significant or material items, contact us by coming to one of our branches or by telephone in addition to using the Online Services for Check Stop Payment. There will be a fee assessed for each Check Stop Payment request whether or not we receive the request in time to place the Check Stop Payment.

You must give us timely, complete and accurate information, including the check date, payee, EXACT amount of the check, check number and reason for the stop request. If any information is incomplete or inaccurate, we will not be responsible for failing to stop payment on the check.

You may use the Check Stop Payment Service to stop payment on checks that you have written against your Accounts. If you wish to cancel or amend any other Online Service transaction (for example, the Bill Payment Service), you should use the process applicable to that Online Service and you will be subject to any limitations or inability to stop applicable to that Online Service.

You may not use the Check Stop Payment Service to stop payment on any ACH/EFT transaction, point-of-sale ACH/EFT transfer; any cashier’s check, certified check or other official institution check you have purchased from us or any check which we have guaranteed. Additionally, the Check Stop Payment Service may not be used to stop payment on a check issued in connection with any loan, such as a home equity line of credit (“Credit Check”). If you wish to stop payment on a Credit Check, you must call River City Bank Customer Service at (916) 567-2899 or (800) 564-7144.

You understand that your Check Stop Payment request is conditional and will not be effective if we have not had a reasonable opportunity to respond to your request, or that stopping payment may subject us to risk of loss or damages under any law or regulation (including clearing house or other processor rules).

A Check Stop Payment request against a check is effective only against the check that is described in the Check Stop Payment request form; and does not cancel or revoke any authorization for future or recurring ACH/EFT transfers by you or by the same biller or originator. A Check Stop Payment order is effective for six (6) months only and will expire automatically, at which time you are responsible for any renewal desired by you for another six (6) month term.

17. Account Alerts

The account Alerts feature is a convenience tool that permits you to request automated notification of specific situations. You are responsible for inputting accurate information to set up the account notifications. Alerts do not replace standard communications you receive from us concerning your accounts. If you elect to receive Alerts by text messaging from us, you acknowledge that such messages will be automatically sent to your wireless access device. You assume all responsibility for the secure receipt of the text messages and acknowledge that these Alerts are not sent through a secure channel and may be intercepted or read by others. Receipt of Alerts may be delayed, or prevented by factor(s) affecting your Internet service provider(s), phone operator(s), and other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any Alert. We will not be liable for losses or damages arising from: (i) non-delivery, delayed delivery, or wrong delivery of any Alert: (ii) inaccurate content in an Alert; or (iii) your use or reliance on the contents of any Alert for any purposes. We reserve the right to terminate any request from you, for any Alert, at any time. The information in any Alert may be subject to certain time lags and/or delays. You will manage the types and timing of your Alerts, and the Alerts may be stopped or suspended by you at any time.

18. ACH Entries

Electronic transfers (for example Bill Payments and External Account Transfers) that are made through the Automated Clearing House Network (“ACH”) are subject to the rules of the ACH, and you agree to be bound by the Operating Rules of the ACH, including but not limited to the rule making payment to the Biller/recipient provisional until receipt by the Biller’s/recipient’s bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the Biller/recipient the amount of the electronic transfer. Furthermore, you agree that any payment by us to you for any returned credit entry or credit reversal is provisional until receipt by us of final settlement for such entry. If final settlement is not received, we are entitled to a refund from you of the amount credited, and we may charge your account for the amount credited. We may refuse to permit the use of any amount credited for a credit reversal if we believe that there may not be sufficient funds in your account to cover charge back or return of such reversal.

19. Use of Vendors; Use of Information

We may use one or more vendor(s) to provide the Services, and you understand that various financial intermediaries and their servicers may be involved in processing any one of your transfer instructions. These intermediaries may benefit from interest that accrues on transfers between the time your Account is debited and the time the recipient account is credited. Any information you provide may be used by us, or any of these other parties, to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of us and any other person, you authorize us to obtain information regarding you, your account and your payment obligations (or the absence of them) from any party that was involved in the transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information.

20. Payment Methods

We reserve the right to select the method in which to remit funds on your behalf to facilitate any of the transfer services under this Agreement, including Bill Payment and External Account Transfers. These payment methods may include, but may not be limited to, an electronic payment, an electronic or paper check payment (where the check is drawn off our third party service provider’s account), or a demand draft payment (where a negotiable instrument is created and drawn off of your Account).

21. Compliance with Laws and Rules

You agree to comply with all state and federal laws, rules and regulations applicable to you and to your use of the Online Services (the “Laws”), including the operating rules of all systems used to provide Online Services to you (the “Rules”), and to provide evidence reasonably satisfactory to us of the same if requested by us. You agree not to use the Online Service for any illegal purpose, including but not limited to illegal Internet gambling. Without limitation, you agree and acknowledge that the Online Services may not be used by you in violation of the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls.

You acknowledge and agree that the software you use to access Online Services may be subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations. You agree and certify that neither the software nor any direct product thereof is being or will be used by you for any purpose prohibited by these Acts.

Additionally, each Account and the Online Services will be subject to and governed by the following, to which you agree:

  • The terms or instructions appearing on a screen when using an Online Service;
  • Your Deposit Account Agreement, and our rules, procedures and policies;
  • Applicable provisions of the rules of the National Automated Clearing House Association (NACHA) for bill payments facilitated through the ACH;
  • Applicable state and federal laws, rules and regulations; and
  • The rules of other funds transfer systems when used in connection with an Online Service.

Nothing in this Access Agreement relieves you of any obligation you may have under the Laws or the Rules, and this Access Agreement is deemed modified to the extent necessary to allow or require you to comply with the same. You will implement and maintain procedures, including retention of legal or compliance services, to ensure that you are able to comply with all current and future Laws and Rules, including any changes to them. We are not obligated to provide information, updates or notice of or regarding the Laws or the Rules, even if we are aware of the same and of the potential for material impact on you and your use of the Online Services, and your indemnification and other obligations to us are not relieved or reduced by our not providing the same to you. If we do provide information, updates or notices of or regarding the Laws or the Rules to you, we are not responsible for the accuracy of the same and may discontinue doing so at any time.

22. Inconsistencies

If a beneficiary of a payment order is identified by both name and account number, payment may be made by us and by any other financial institution based on the account number even if the name and the account number are not consistent or identify different parties. If an intermediary bank or a beneficiary’s bank is identified on a payment order by both name and identifying number, we and other financial institutions may rely on the identifying number even if the name and the identifying number are not consistent or identify different parties.

23. Provisional Credit

If a beneficiary of a payment order is identified by both name and account number, payment may be made by us and by any other financial institution based on the account number even if the name and the account number are not consistent or identify different parties. If an intermediary bank or a beneficiary’s bank is identified on a payment order by both name and identifying number, we and other financial institutions may rely on the identifying number even if the name and the identifying number are not consistent or identify different parties.

24. Information Processing and Reporting

We offer a number of Online Services that require us to receive, process and report information involving your accounts and transactions. We will not be responsible for determining the accuracy, timeliness or completeness of any information that you or others provide to us. We will not have a duty to interpret the content of any data transmitted to us, except to the limited extent set forth in this Access Agreement. Unless otherwise agreed in writing, we will not be required (by means of any security procedure or otherwise) to detect errors in the transmission or content of any information we receive from you or third parties.

You acknowledge that it is not possible for the Online Services to be totally free from operator, programming or equipment error, and that errors in processing and compiling data may occasionally occur (e.g., due to the failure of others to provide accurate information, telecommunication failures, or a breakdown in an electronic data interchange). As such, you agree to review and verify all results and to maintain adequate controls for insuring both the accuracy of data transmissions and the detection of errors. Unless otherwise required by law, our sole responsibility for any reporting errors caused by us will be to reprocess the information for the period in question and to submit corrected reports at our own expense. You agree to maintain adequate backup files of the data you submit for a reasonable period of time in order to facilitate any needed reconstruction of your transactions (e.g., in the event of a telecommunication failure).

25. Electronic Records and Signatures

When any payment order or other Online Service generates items or transactions to be charged to your Account, you agree that we may charge the affected Account without requiring your signature on an item and without prior notice to you. Any transactions resulting from your instructions which we receive in your name and under your credentials shall be deemed to have been “a writing” and authenticated by you “in writing” for purposes of any law in which a writing or written signature is needed or required. All records maintained by us of transactions under your credentials 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, our electronic records and 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.

26. Security Interest in Accounts

You grant us a security interest in all accounts or other deposits (whether general or special) of yours at the Bank, to secure your obligations to us under this Access Agreement. This security interest will survive termination of this Access Agreement. We may hold any funds on deposit with us by you after termination of this Access Agreement for up to 90 days following the expiration of any return or chargeback rights or, if later, until any other claims to such funds have expired.

27. Third Parties

You acknowledge and agree that we may arrange to provide software, if required, and/or may arrange for the Online Services covered by the Access Agreement to be performed or provided by third parties, including our affiliates. You further agree that any such party is a third-party beneficiary of the Access Agreement and as such is entitled to rely on, and avail itself of, the provisions of the Access Agreement as if it were us, including, without limitation, the limitations on liability and the indemnities described in the Access Agreement. Our ability to provide certain Online Services may be dependent upon our ability to obtain or provide access to third-party networks. In the event any third-party network is unavailable or we determine in our sole discretion, that we cannot continue providing any third-party network access, we may discontinue the related Service or may provide the Online Services through an alternate third-party network. In such situations, we will have no liability for the unavailability or delay of access.

Notwithstanding the limitations described above pertaining to third parties, if you authorize a third party to access the Online Services on your behalf, you will be solely responsible and liable for all actions and inactions of said third party. You expressly assume the risks associated with providing Online Service access rights to your agents or third-party vendors, including but not limited to the risk of unauthorized or erroneous transactions. We will not be responsible, nor have any liability whatsoever for any services you receive from your agents or third-party vendors. We reserve the right to require you to agree to additional terms and conditions as a condition precedent to your use of any agent or third-party vendor in connection with your access to the Online Services.

28. Service Fees and Charges

Our fees and charges for the Online Service are subject to change by us from time to time. We may impose new fees and charges, or increase or change existing fees and charges. We will provide advance notice of these changes to you if required by law. Other fees may be assessed and billed separately by your Internet and/or telephone service provider in conjunction with Internet, data, and/or wireless service and communications services that you may utilize in accessing the Online Service; contact your provider for information relating to these fees, which we do not control or impose. You agree to pay all fees and charges we impose. You authorize us to charge the designated Account and/or any other account you hold with us to cover your fees and charges. You also authorize us to charge you according to our then-current Schedule of Miscellaneous Fees and Service Charges.

To the extent permitted by law, you give us the right to set off any of your money or property which may be in our possession against any amount owed to us under this Access Agreement. This right of set off does not extend to any Keogh, IRA account, or similar tax-deferred deposit.

29. Hours of Operation

You will generally be able to use Online Services seven days a week, 24 hours a day. However, an Online Service may not be available due to system maintenance or circumstances beyond our control. Online Services may be added, cancelled or limited at any time or from time to time, with or without cause or notice (except as required by law).

30. Changes/Interruptions in Services

We may, on a regular basis, perform maintenance on our equipment or system, which may result in interrupted Online Service or errors in an Online Service. We also may need to change the scope of our Online 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.

31. Harm to Computer Systems/Data

You agree that we will not be liable for viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site. We will not be responsible or liable for any indirect, incidental or consequential damages that may result from such harmful components.

32. Performance of Software and Electronic Service

We make every commercially reasonable effort to provide reliable information on our website. Due to the possibility of human and mechanical errors, as well as other factors, the site is not error-free, and all information is provided “as-is,” without warranty of any kind. We make no representation and specifically disclaim any express or implied warranties to users of any third parties, including but not limited to, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. The content of the site may not be used for commercial or non-commercial use without the express written consent of the Bank.

33. Uploaded Content, Linked Sites and Advertisements

From our website, you may be able to access uploaded content provided or operated by third parties. Unless we tell you otherwise in writing, we do not operate or control any such content or any of the information, products or services on such linked websites. You acknowledge and agree that: (i) you access such content and linked sites at your own risk; (ii) we make no representation or warranty, and assume no responsibility for, content on our website and any linked site or the actions or omissions of its/their owners, operators or providers (iii) we make no endorsement of, and assume no responsibility for, content uploaded to our website or goods or services offered on or advertising on or by any other website; (iv) by using other websites and Online Services, you may be exposed to content that is offensive, indecent or objectionable; and (v) although we may have a contractual or other relationship with the operators of a linked website or the providers of content, we will not be responsible for the content, accuracy, integrity, availability, timeliness or operation of their website or content. You agree to hold us harmless in connection with all of the foregoing.

We reserve the right, but shall have no obligation, to reject, move, or delete content that we, in our sole discretion, believe violates this Access Agreement, or contains content, including viruses, that may interfere with the operation of our website. We may, but have no obligation to, monitor, and/or retain copies indefinitely of, uploaded content, message boards, chat rooms or other forums or review content, or messages posted at such locations, to confirm their compliance with these guidelines. We shall have the right, but not the obligation, to disclose content to any third party if required by law or if we believe reasonably necessary to: (a) comply with legal process; (b) enforce this Access Agreement; (c) respond to claims that any content violates rights of third parties; or (d) protect our rights, property, or personal safety, or those third parties.

34. Third Party Content

We may receive, process, and make available to you content that we receive from you and others. In this regard, we are merely a passive conduit for such content, although we reserve the right to block or remove any content that we believe violates this Access Agreement. We assume no responsibility for determining the accuracy, reliability, timeliness, ownership, legality, appropriateness or completeness of any information that you or others provide to us, nor for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity on such sites. We will not have a duty to interpret or evaluate any content transmitted to us or through our website or Online Services, except to the limited extent, if any, set forth in this Access Agreement. We will not be required (by means of any security procedure or otherwise) to detect errors or illegality in the transmission or content of any content we receive from you or third parties. We will not have a duty to notify you about any inaccuracy, unreliability, ownership, incompleteness or other problem that may be associated with third party content on our website, even if we have reason to know of its existence. Use of any content you obtain from our website is at your own risk.

35. User Communication and Personalization Settings

Our website and Online Services may permit you to send or receive communications (such as e-mail, chat, newsgroups and the like) and to store content and personalized settings for various options. We are not responsible for any delay, deletion, alteration, mis-delivery or failure to deliver or store any such communications, content or settings.

36. Idea Submission

If you submit any materials or other information to any public areas of our website (such as bulletin boards, guest books, forums, wish lists and chat rooms), you hereby grant us a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, sub-licensable, assignable, transferable, irrevocable license under copyright and patent, with the unrestricted right to use, sell, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any such materials and other information (including, without limitation, ideas contained therein for new or improved products and services) by all means and in any media now known or hereafter developed or commercialized. In addition, you represent and warrant to us that you have the right to grant to us the foregoing license.

37. Our Intellectual Property

You acknowledge and agree that the software and content used by us in the operation of our website and provision of the Online Services, and the copyright patent, trademark, trade secret and all other rights in and to the technology, software, content, designs, graphics, and trademarks included by us our website and as part of the Online Services and our name and product names and the website’s URL (collectively, by the “Intellectual Property”), are owned by us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Access Agreement or otherwise.

You may not distribute, use, reproduce, duplicate, copy, publish, sell or otherwise transfer (i) any portion or element of the Online Services or the Intellectual Property (ii) use of our website, Online Services or Intellectual Property, or (iii) access to our website Online Services or Intellectual Property. Further, you may not (a) create derivative works of any portion or element of our website, Online Services or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in our website or the Online Services; (d) modify or erase any copyright or trademark notice we place at our website; (e) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided at the site or a list of our content or site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots,” or “bots”) to systematically access and download data; (f) access the Online Services by any means other than via our website; (g) frame our website or any Intellectual Property; or (h) use any circumvention tools, meta tags or any other “hidden text” utilizing our name, trademark, URL, product name or Intellectual Property. You agree to comply with the terms of any license agreement we make available to you with any software.

38. User Conduct

You acknowledge and agree that the software and content used by us in the operation of our website and provision of the Online Services, and the copyright patent, trademark, trade secret and all other rights in and to the technology, software, content, designs, graphics, and trademarks included by us our website and as part of the Online Services and our name and product names and the website’s URL (collectively, by the “Intellectual Property”), are owned by us and our licensors. As such, you will not gain any ownership or other right, title or interest in or to such Intellectual Property by reason of this Access Agreement or otherwise.

You may not distribute, use, reproduce, duplicate, copy, publish, sell or otherwise transfer (i) any portion or element of the Online Services or the Intellectual Property (ii) use of our website, Online Services or Intellectual Property, or (iii) access to our website Online Services or Intellectual Property. Further, you may not (a) create derivative works of any portion or element of our website, Online Services or Intellectual Property; (b) reverse engineer, modify, decompile or disassemble any of the Intellectual Property; (c) deactivate or disable any password protection or other protection, security or reliability technology we incorporate in our website or the Online Services; (d) modify or erase any copyright or trademark notice we place at our website; (e) engage in the practice known as “screen-scraping” or otherwise attempt to, or actually, obtain copies of content provided at the site or a list of our content or site users, or use computer programs (sometimes known as “scrapers,” “spiders,” “robots,” or “bots”) to systematically access and download data; (f) access the Online Services by any means other than via our website; (g) frame our website or any Intellectual Property; or (h) use any circumvention tools, meta tags or any other “hidden text” utilizing our name, trademark, URL, product name or Intellectual Property. You agree to comply with the terms of any license agreement we make available to you with any software.

39. Electronic Recordings

We are authorized (but are not obligated) to record electronically and retain telephone conversations between you and us. Accordingly, you agree on behalf of yourself, your employees and agents that we may monitor and record your telephone and electronic communications in connection with the Online Services at any time, without further notice. You hereby agree that we may produce the telephonic or electronic recordings or computer records as evidence in any proceedings brought in connection with the Access Agreement and you hereby acknowledge the validity and enforceability of such telephonic or electronic recordings.

40. Cumulative Remedies

The rights and remedies provided by this Access 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.

41. Delays/Force Majeure

Our obligations 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.

42. Severability

Wherever possible, each provision of this Access 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 Access 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 Access Agreement.

43. No Third Party Beneficiaries

Except to the extent expressly agreed by us otherwise, this Access Agreement is made for the exclusive benefit of you and us and no third party has any rights under this Access Agreement.

44. Entire Agreement

This Access Agreement contains the entire agreement between the parties and no statements, promises or inducements made by either party or agent of either party that are not contained in this written Access Agreement or other documents referenced by this Access Agreement.

45. Choice of Law

This Access Agreement contains the entire agreement between the parties and no statements, promises or inducements made by either party or agent of either party that are not contained in this written Access Agreement or other documents referenced by this Access Agreement.

46. Amendment of this Agreement

We may amend, add to or change this Access Agreement (including changes in its fees and charges and the addition of new Online Services). We will provide notice of amendments, additions or changes if required by law. Your continued use of the Online Services will constitute your consent to the amendments, additions or changes.

47. Waiver

We may waive any term or provision of this Access 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.

48. Assignment

We may assign the rights and delegate the duties under this Access Agreement to a company affiliated with us or to any other party. You may not assign your rights or obligations under this Access Agreement, and any effort by you to do so is unenforceable at our election.

49. Termination; Suspension; Delay

We may terminate or suspend this Access Agreement and any Online Service provided hereunder at any time. We will provide electronic or written notice of termination to you. Except to the extent restricted by law, we reserve the right to terminate or to discontinue support of any Online Service, or delay or refuse processing any transaction, without notice. You may terminate this Access Agreement upon 30 days written notice to us.

If you do not use this Online Service for any three-month period, we reserve the right to discontinue your Online Service without notice to you.

Termination of this Access Agreement will not affect any rights we may have, or any obligations you may have, as to any transaction or Online Services caused or attempted by you before termination.

50. Provisions Specific to Consumer Accounts

This section contains important consumer disclosures under the EFTA. This section only applies to consumer Accounts as defined under this Access Agreement and is not intended to confer any right or benefits to commercial Accounts.

Preauthorized Payments.

Right to Stop Electronic Payment and Procedure for Doing So. If you have told us in advance to make regular electronic payments out of your account, you can stop any of these payments.

Here’s How: You may follow the directions provided in the Online Services, to stop the payment through the Online Services, or
Call us at (916) 567-2899 or (800) 564-7144, or write to us at: PO Box 15247, Sacramento, CA 95851 in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you a fee for each stop payment order you give.

Refer to the Service Fees and Charges Section of this Access Agreement for fee details. A separate process will apply to the extent you wish to initiate check stop payment requests through the Online Services. Refer to “Check Stop Payment Services,” above, for further details.

Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set).

Liability for Failure to Stop Payment of Preauthorized Electronic Transfer. If you order us to stop one of these electronic payments 3 business days or more before the transfer is scheduled to be made, and we do not do so, we will be liable for your losses or damages.

Consumer Liability. Tell us AT ONCE if you believe any part of your Security Code, including your password, has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. 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, as applicable).

If you tell us within 2 business days after you learn of the loss or theft of any part of your Security Code, including your password, you can lose no more than $50 if someone used your Security Code without your permission.

If you do NOT tell us within 2 business days after you learn of the loss or theft of any part of your Security Code, including your password, and we can prove that we could have stopped someone from using the Security Code 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, including those made by card, code or other means, 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 funds you lost after the 60 days if we can prove that we could have stopped someone from taking said funds if you informed 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.

Errors or Questions. In Case of Errors or Questions about Your Electronic Transfers, telephone us at, (916) 567-2899 or (800) 564-7144; or write us at: PO Box 15247, Sacramento, CA 95851 as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the problem or error appeared.

  • Tell us your name and 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 you send us the complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If more time is needed, however, we may take up to 45 days to investigate a complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

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 request copies of the documents that were used in the investigation.

Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: (i) pay for purchases; and (ii) pay bills.

Financial Institution’s Liability. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your account to make the transfer.
  • The transfer would go over the credit limit on your overdraft line (if applicable).
  • Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
  • The computer or related system was not working properly and you knew about the breakdown when you started the transfer.
  • Your funds are subject to legal process or other encumbrance restricting the transfer.

There may be other exceptions stated in this Access Agreement and in other agreements with you.

Documentation.

Preauthorized Credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (916) 567-2899 or (800) 564-7144 to find out whether or not the deposit has been made.

Periodic Statements. You will get a monthly account statement (unless there are no transfers in a particular month). In any case, you will get the statement at least quarterly.

51. Provisions Specific to Commercial Accounts and Certain Consumer Account Transactions

This Section applies only to commercial Accounts as defined in this Access Agreement and consumer Account transactions (if any) completed or attempted pursuant to this Access Agreement and subject to Division 11 of the California Commercial Code or such other applicable adoption of Article 4A of the Uniform Commercial Code.

You are responsible for and bound by any Communication we receive in your name through an Online Service if the Communication: (a) comes from an authorized representative, or (b) is authenticated using security procedures, described herein, even if not authorized by you; or (c) is legally binding on you under the laws of agency, contract or otherwise.

Authorized Representatives. Your “authorized representative” includes each person who is (1) authorized by you to conduct business with us, including as part of your account management resolution(s); or (2) a principal officer of yours (such as your CEO if you are a corporation, or a partner in a partnership, or a manager in an LLC); or (3) otherwise authorized (or deemed authorized) to act on your behalf, whether under this Access Agreement or any other agreement with us, by the laws of agency, or under by any other state or federal law, rule or regulation.

Responsibility For Communications In Your Name, Whether Or Not Authorized By You. The Security Codes are security procedures. You agree that we may use the security procedures to verify the authenticity of Communications that are received by us in your name. If we verify the authenticity of a Communication or instruction received in your name using the security procedures, we may rely on it and you will be obligated on the Communication or instruction, whether or not it was authorized by you.

On the other hand, if a Communication or instruction was authorized by you or if you would otherwise be bound by it under this Access Agreement, you will be obligated on it even if we did not verify its authenticity using the security procedures and even if the security procedures would have prevented error. You agree that the security procedures are intended to verify authenticity and not to detect error.

Responsibility for Security Procedures. In addition to the Security Codes as security procedures, you may choose additional security procedures. We may from time to time offer supplemental security procedures, and you agree to consider them. You agree to follow any instructions we provide to you about using, storing or otherwise related to security procedures.

You agree to consider the size, type and frequency of the payment orders or other money transactions you will or intend to use Online Services to accomplish. You agree to consider the risks presented by the possibility of unauthorized access to these Online Services, including the risk to you that we may process Communications and instructions that are your responsibility even though they were not authorized by you. You agree to use Online Services only after determining, and only for so long as you continue to determine, that the security procedures are a commercially reasonable method of providing security against unauthorized payment orders or other Communications. You agree and acknowledge that the security procedures are commercially reasonable for you and that you will be bound by instructions or Communications in your name, as set forth above.

You agree to take appropriate steps to ensure that all Security Codes are protected and kept confidential. In your review of the Online Services, including those aspects of the Online Services pertaining to the issuance, use, and protection of Security Codes and other security procedures, you agree to notify us if your use of the Online Services would necessitate or be better served by a level of security that exceeds that offered by the Online Services. If you fail to notify us, then you acknowledge and agree that the security procedures of the Online Services are appropriate for your needs and will provide you with a commercially reasonable degree of security against unauthorized use.

Refusal to Process Communications. We may delay or refuse to process any requested Online Service, including payment orders or other money transactions, or any other Communication from you. We may do so for any reason or for no reason. We may provide notice to you, but are not obligated to do so. We may delay or refuse processing, for example, if: (a) processing would or may exceed the available funds in your affected Account; (b) the Communication is not authenticated to our satisfaction or we believe it may not have been authorized by you; (c) the Communication contains incorrect, inconsistent, ambiguous, or missing information; (d) processing would or may involve funds which are subject to lien, security interest, claim, hold, dispute, or legal process prohibiting withdrawal; (e) processing would or may cause a violation of any Laws or Rules applicable to you or to us; or (f) for any other reason under this Access Agreement. In addition, we shall be excused from failing to transmit or delay in transmitting an Entry if such transmittal would result in our having exceeded any limitation upon our intra-day net funds position established pursuant to present or future Federal Reserve guidelines or in our reasonable judgment otherwise violating any provision of any present or future risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority. You agree that we will have no liability to you or to any other person for any loss, damage or other harm caused by or arising out of any such delay or refusal.

Limitations on Liability. Unless otherwise required by applicable law, we are responsible only for performing Online Services as expressly stated in this Access Agreement, and will be liable only for material losses incurred by you to the extent such losses directly result from our gross negligence or intentional misconduct.

Without limiting the generality of the foregoing, if we fail or delay in making payment or transfer subject to the terms of this Access Agreement, or if we make a payment or transfer in an erroneous amount which is less than the amount per your instructions, unless otherwise required by law, our liability shall be limited to interest on the amount which we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you cancelled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharge any obligation to the other. If we become liable to you for interest compensation under this Access Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year.

In no event will we or any of our officers, directors, shareholders, employees, parents, subsidiaries, affiliates, agents, licensors, or third party online service providers be liable for any consequential (including without limitation loss of data, files, profit or goodwill or the costs of procurement of substitute goods or online service), indirect, incidental, special or punitive damages, whether in action under contract, negligence or any other theory, arising out of or in connection with this Access Agreement, any Online Services, or the inability to use the Online Services, irrespective of whether we have or have not been advised of the possibility of such damages.

Notwithstanding anything to the contrary in this Access Agreement, the maximum aggregate liability of us for all claims arising out of or relating to this Access Agreement, regardless of the form or cause of action, shall be the lesser of the amount you originally paid for the Online Service, products or materials or $10,000.00, except in cases of our gross negligence or willful misconduct.

You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Online Service. You acknowledge that Online Service fees have been established in contemplation of: (A) these limitations on our liability, (B) Your agreement to review statements, confirmations, and notices promptly and to notify us immediately of any discrepancies or problems; and (C) Your agreement to assist us in any loss recovery effort.

We will not be obligated to honor, in whole or in part, any transaction or instruction or Communication which:

  • Is not in accordance with any term or condition applicable to the relevant Online Service or Account;
  • We have reason to believe it may not be authorized by you or any third person whose authorization we believe is necessary or involves funds subject to hold, dispute, restriction or legal process we believe prevents their withdrawal, transfer or availability;
  • Would result in us exceeding any limitation of our net funds position established pursuant to present or future Federal Reserve guidelines;
  • Would violate any applicable law, rule or regulation, or any guidance or directive of any federal or state regulatory authority;
  • Is not in accordance with any other requirement of our applicable policies, procedures or practices; or
  • We have reasonable cause not to honor for our or your

Indemnification. You agree to indemnify and hold us, our affiliates, officers, directors, employees, consultants, agents, service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from: (1) an Account; (2) the performance of an Online Service; (3) a third party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other materials submitted by you to us; (4) any fraud, manipulation, or other breach of these terms; (5) any third party claim, action, or allegation brought against us arising out of or relating to a dispute with you over the terms and conditions of an agreement, purchase or sale of any goods or services; (6) your violation of any Law or Rule or of the rights of a third party; (7) your use, or the provision of Online Services or use of your Account by any third party; or (8) any transaction or instruction or Communication from you to us. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without the prior written consent from us. This indemnification is provided without regard to whether our claim for indemnification is due to the use of the Online Service by you or your authorized representative. This indemnification provision survives termination of this Access Agreement.

Data Retention. You will retain data on file adequate to permit remaking or reconstruction of all requested Online Services (including payment orders or other money transactions) for one year following the date of the execution of the request to which such data relate, and will provide the data to us upon our request. You agree to determine promptly the accuracy of all records and information regarding an Online Service and to notify us immediately of any errors in such records or information. Nothing in this Access Agreement relieves you from: (a) any responsibility imposed by law, regulation or contract with regard to the maintenance records; or (b) any responsibility to perform audits and account reviewers customarily conducted by persons or entities whose businesses are similar to your business.

Advice of Payment; Duty to Examine. You agree to examine any records or monthly account statements promptly upon receipt. You are in the best position to discover and report any errors or unauthorized transactions involving your account. If you do not discover and report an error or an unauthorized signature, alteration, forgery, counterfeit check, or other unauthorized debit to your Account within 30 days after the date of your statement or the date the information about the item or transaction is made available to you, whichever is earlier, you are precluded from asserting the error or unauthorized transaction against us. In addition, if you fail to notify us within this timeframe, we will not be responsible for any subsequent unauthorized transactions initiated by the same wrongdoer, unless you prove that we failed to act in good faith in completing such a transaction. For purposes of this Section, you will be deemed to have “received” an account statement at the earlier of the time that: (a) we first make it available to you for pick-up; or (b) the statement or the information is mailed or otherwise made available to you electronically.

Providing Personal and Financial Information. You agree to provide true, accurate, current and complete personal and financial information about yourself and about your affiliates as requested. You agree to not misrepresent your identity.

Arbitration. The parties expressly agree that any legal proceeding, any action, dispute, claim, or controversy of any kind (e.g., whether in contract or in tort, statutory or common law, legal or equitable) now existing or hereafter arising between the parties in any way arising out of, pertaining to or in connection with this Access Agreement shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The foregoing matters shall be referred to as a “Dispute.” Any of the parties hereto may, by summary proceedings (e.g., a plea in abatement or motion to stay further proceedings), bring an action in court to compel arbitration of any Dispute. Any such arbitration shall proceed in Sacramento County, California, and shall be governed by the substantive laws of the state of California.

The decision of the arbitrator shall be final and binding upon all parties and judgment upon the award may be entered in any court having jurisdiction thereof by any party. Any arbitrator chosen to preside over the dispute must be a member of the California State Bar either actively engaged in the practice of law or an active or retired member of the California State or federal judiciary, and, unless otherwise agreed in writing, must have expertise in the process of deciding disputes in the deposit account and/or electronic banking services context.

Any party who fails to submit to binding arbitration following a lawful demand of the opposing party shall bear all costs and expenses, including reasonable attorney fees, incurred by the opposing party in compelling arbitration.

In Disputes involving indebtedness or other monetary obligations, each party agrees that the other party may proceed against all liable persons; jointly and severally, or against one or more of them, less than all, without impairing rights against other liable persons. Nor shall a party be required to join the principal obligor or any other liable persons in any proceeding against a particular person. A party may release or settle with one or more liable persons as the party deems fit without releasing or impairing rights to proceed against any persons not so released.

These arbitration provisions shall survive any termination, amendment or expiration of any provision of the Access Agreement, unless otherwise expressly agreed in writing.

Unless specifically provided otherwise under law, the parties understand that they are waiving their right to a jury trial, or a trial before a judge in a public court.

Collection. If we initiate collection proceedings against you in an effort to recover any amounts owed, you agree to reimburse us for all costs and expenses, including attorneys’ fees. “Attorneys’ fees” includes, but is not limited to, reasonable charges for the time expended by in-house counsel.

Corporate Authority; Partnership Authority. If you are a corporation or LLC, the person agreeing to the terms of this Access Agreement on behalf of the corporation or LLC represents and warrants that he or she has full authority to do so and that this Access Agreement binds the corporation or LLC. If you are a partnership, the person agreeing to the terms of this Access Agreement for you represents and warrants that he or she is a general partner of the partnership, that he or she has full authority to bind the partnership and that this Access Agreement binds the partnership and all general partners of the partnership.

Effective 09/19/2020