ONLINE BANKING AGREEMENT AND DISCLOSURE

Effective April 1, 2014

This Online Banking Agreement and Disclosure (“Agreement”) contains the terms that govern the use of The Bank of Hemet’s Online Banking Services (“Online Banking”) and contains disclosures required by the Electronic Funds Transfer Act.  This Agreement is in addition to the terms and conditions described in any other deposit or loan agreement(s) you have with us, as well as all applicable laws and regulations.  By enrolling in, applying for or by using any part of Online Banking, you agree to the terms and conditions of this Agreement. 

In this Agreement, the words “you” and “your” refer to each person assigned a password to access Online Banking, including any authorized user(s) of such password.  The words “Bank”, “we”, “us”, and “our” refer to The Bank of Hemet.  The term “Business Day” means Monday through Friday, excluding bank holidays.  The term “Business Hours” means Monday through Thursday 8:30 am to 5:00 pm and Friday 8:30 am to 6:00 pm.  All references to time of day in this Agreement refer to Pacific Time.

TERMS AND CONDITONS OF ONLINE BANKING

1.  ONLINE BANKING ACCOUNTS
To use Online Banking, you must have at least one account with The Bank of Hemet, which may include the following types of accounts: checking, savings, loan, or a certificate of deposit.  If any of your accounts contain restrictions, such as two signatures required or other special requirements, you agree that these restrictions do not apply to transactions made under this Agreement.

2.  COMPUTER REQUIREMENTS
To get started, you must have a personal computer with Internet access and an Internet web browser which is capable of supporting 128 Bit SSL Encryption, such as Microsoft Internet Explorer 6.0 or higher, Netscape Navigator 6.1 or higher, Mozilla Firefox 1.0 or higher or Opera 7.54 or higher.  You will be responsible for the acquisition, maintenance, and operation of your computer equipment and software.  We are not responsible for any errors, failures, or malfunctions of your computer or software, or for any computer virus or related problems that may occur with your use of Online Banking.

3.  SECURITY PASSWORD
To use Online Banking, you may enroll online at www.bankofhemet.com using our electronic enrollment process or contact your nearest branch.  You will select or be issued an Access ID and Password.  Your Password may be changed through Online Banking at any time.  We recommend that you change your Password regularly.    We are entitled to act on instructions received under your Access ID and Password.  For security purposes, it is recommended that you memorize your Access ID and Password and do not write them down.  You are responsible for keeping your Access ID and Password confidential and assume all risk associated with the disclosure of your Access ID and Password to others.  You recognize that anyone with knowledge of your Access ID and Password will be able to access your account(s) and initiate transactions.  When you give someone your Access ID or Password, you are authorizing that person to use Online Banking, and you are responsible for all transactions that person performs even those transactions you did not intend or want performed.  If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized.  Transactions that you or someone acting with you initiates with fraudulent intent are authorized transactions.  You agree to assist us in discovering the circumstances relating to any unauthorized use of your Access ID or Password.  If you believe that your Access ID and Password may have been lost or stolen, or that someone has transferred or may transfer money from your account(s) without your permission, or if you suspect any fraudulent activity on your account(s), change your Password immediately and notify us by calling (951) 766-4100 during our Business Hours or leave a message on our voice mail during non-Business Hours.

4.  ONLINE BANKING SERVICES
You can access Online Banking any time of the day or night, seven days a week.  Through Online Banking, you can:

  • Obtain balance and account information on your checking, savings, certificate of deposit, and loan account(s).  (Note: Balance figures may not include recent transactions and may include funds that are not available for immediate withdrawal.)
  • Transfer funds between your checking and savings accounts with us (“Transfers”). 
  • Transfer funds to your Bank of Hemet loan account(s) from your checking and savings account(s) with us (“Transfers”).  (Note: Not all types of loan accounts are eligible to receive Transfers electronically.)
  • Place a Stop Payment on a check
  • Send email messages to Bank personnel.
  • Export account activity to compatible financial management software.
  • View images of your checks that have a check number underlined.
  • Change email and security information.
  • Sign up for Mobile Banking
  • Pay bills to others from your checking or money market account subject to the conditions contained in the Terms and Conditions of the Bill Payment Service below.  A savings account cannot be used to make bill payments.  Your available account balance, including any overdraft protection program, must be enough to cover the bill payments you make, fees may be incurred for using funds from an overdraft protection program, see your program agreement.  Through our Bill Pay Service, you can also do the following:

‣  Receive electronic bills from participating billers
‣  Transfer funds between your account(s) with us and your account(s) at other financial institutions subject to the conditions in the Terms of Use Account-to-Account (“A2A”)sm Transfer Service below. Dollar limits apply and vary depending on the transaction.
‣  Pay and/or receive funds from other people directly from/to your Bank of Hemet account(s) through Popmoneysm subject to the conditions in the Terms of Use for Popmoneysm Personal Payment Service below. Dollar limits apply and vary depending on the transaction.

When you sign up for Online Banking services, you also  have access to make transfers between your  checking and savings accounts and make a Bank of Hemet loan payment through TeleBanc, our 24 hour telephone banking service (not all types of loan accounts are eligible for TeleBanc payments).  The terms and conditions governing TeleBanc are provided in our “Electronic Fund Transfers Agreement and Disclosure”.

5.  MOBILE BANKING SERVICES
Mobile Banking is an extension of our Online Banking Service. 

a.  Online Banking
To use Mobile Banking, you must be registered to use Online Banking and have valid login credentials.  You can access any account you have set up in Online Banking.  You control which accounts you want to access using Mobile Banking through Online Banking.  Not all Online Banking services are available through Mobile Banking.  When you access Mobile Banking, you will see a menu of available functions based on the access method that you selected when you enrolled in Mobile Banking.

b.  Mobile Device
You must also have a mobile device with a service plan that includes text messaging and data and internet access with Secure Socket Layer (SSL) capability.  Mobile Banking may not be supported by or accessible for all device models or for all carriers at all times.  We cannot guarantee and are not responsible for the availability of underlying data services provided by your mobile carrier, such as data outages or out of range issues.  You agree to resolve any problems with your mobile carrier directly without involving us. 

You agree to only use Mobile Banking on a device owned by you.  You agree to keep your mobile device and login information secure; we recommend that you lock your device using a PIN code or password when you are not using it.  Although Mobile Banking will not display the full account number for any of your accounts, it will display other sensitive information about your accounts, including balances and transfer amounts.  Anyone with access to your mobile device may be able to view this information.  We are not liable for any damages or disclosure of information to third parties due to your inability to ensure the safety, security and integrity of your account and transactions when using Mobile Banking.

c.  Fees
Fees may apply for data and internet access and text messaging. Contact your mobile service carrier for charges applicable to your plan with your carrier.  Currently there are no charges to use Mobile Bnaking Services; however there are fees for use of certain features.  Any fees would be disclosed to you prior to the completion of the transaction.

d.  Access to Your Accounts
Mobile Banking offers three ways to access your accounts:

    • Text message using your mobile device
    • Use a mobile browser on your mobile device
    • Download an application to your mobile device

You can choose any or all of these options, depending on the capabilities of your mobile device. 

e.  Text Messaging Service
Use the text messaging service to:

    • Check account balances
    • Review recent account activity
    • Find ATM and branch locations

To use the text messaging service, your mobile device must send and receive text messages to and from a short code.  Most mobile devices are capable of sending and receiving text messages.  Some mobile carriers may charge for text messages or for each message sent and received, we recommend you check with your mobile carrier.

f.  Mobile Browser Service
Use the mobile browser service to:

    • Check account balances
    • Review recent account activity
    • Transfer money between your Bank of Hemet accounts
    • Pay bills
    • Change and cancel pending bill payments
    • Make Popmoney person-to-person payments
    • Find ATM and Branch locations

To use the mobile browser service, your mobile device must have an Internet browser and may require a data service plan.  You access the Mobile Banking website using the link sent to you by text message during the enrollment process. 

g.  Downloadable Application
Downloadable applications are available for iPhone and Android devices.  Use the downloadable application service to:

    • Check account balances
    • Review recent account activity
    • Transfer money between your Bank of Hemet accounts
    • Pay bills
    • Change and cancel pending bill payments
    • Make Popmoney person-to-person payments
    • Find ATM and branch locations
    • Make deposits (See section i below).

To use the Mobile Banking downloadable application, your mobile device must have an operating system that supports application downloads and may require a data service plan.  You download the Mobile Application by using the link sent by text message during the enrollment process or you can download the application directly from the applicable App store.

h.  Accounts
We reserve the right to limit the types and number of accounts or devices eligible and the right to refuse to make any transaction you request through Mobile Banking without prior notice.  We may modify, add or delete Mobile Banking services and functions from time to time, and will give you notice when required by law. 

i.  Mobile Accounts
Mobile Deposit enables you to make deposits to your accounts through our Mobile Banking downloadable application.  Using your iPhone or Android mobile phone, you can take a picture of the front and back of your check and transmit it to us for deposit.

j.  Deposit Limits
We may establish limits on the dollar amount and number of items deposited from time to time.  If you attempt to initiate a deposit in excess of these limits, we may reject your deposit.

The current daily limit may not exceed $2,000.  Check(s) may be depositd up to the aggregated deposit limit of $2,000 per day.

These limits may change from time to time without motice to you.

k.  Types of Checks
You agree that you will not deposit any of the following types of checks or other items which shall be considered ineligible items:

    • Checks payable to any person or entity other than yourself.
    • Checks payable to you jointly with one or more other persons, unless deposited into an account in the name of ALL payees.
    • Checks containing any alteration of which you know or believe to be fraudulent or not authorized by the owner of the account on which the check is drawn.
    • Any checks that are not in original form with a signature, such as a substitute check or remotely created check.
    • Checks written off an account at a financial institution located outside the United States.
    • Checks not payable in United States currency.
    • Checks dated more than six (6) months prior to the date of the deposit.
    • Checks that have been previously submitted through a remote deposit capture service offered at any other financial institution.

l.  Image Quality
The image of an item transmitted to The Bank of Hemet must be legible and comply with the requirements established from time to time by the The Bank of Hemet, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearinghouse or association.

m.  Endorsement Procedures
You agree to restrictively endorse any item transmitted through Mobile Banking as "For deposit only to account # ____________" or as otherwise instructed by The Bank of Hemet.

n.  Receipt
By using this service, you accept the risk that an item may be intercepted or misdirected during the transmission.  The Bank of Hemet bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such errors.

We are not responsible for items that we do not receive.  Processing and/or transmission errors can occur after transmission that may impact transaction completion, such as an image that is dropped during transmission.

o.  Cut off Times for Deposits
Deposits made via Mobile Deposit MUST be made before 3:00 pm PST in order to be considered deposited the same day.  Deposits made after 3:00 pm PST will be considered deposited the next business day.
A business day is Monday through Friday, excluding Federal holidays.

p.  Availability of Funds Deposited
You agree that items transmitted using Mobile Banking are NOT subject to our Funds Availability Policy or the Funds Availability requirements of Regulation CC.  In general, if an image of an item you transmit through Mobile Banking is received and accepted before 3:00 pm PST on a business day, we consider that day to be the day of your deposit and funds will generally be available for use the next business day.

In some cases, we may not make funds deposited through Mobile Banking available in accordance with this general policy.  Should this occur, we will inform you as to when the funds will be available.

We also reserve the right to review all items presented for deposit and will make the final decision as to whether or not the item will be accepted.  If the item is not accepted for deposit you will be notified.

q.  Destruction of Orginal Check
Once you have deposited the check successfully, you should store the check in a secure location for fourteen (14) days.  After fourteen (14) days, AND after you have confirmed the depsited funds have been applied to your account correctly, you MUST destroy the check.  Shredding the check is the best way to destroy it.  Destroying the check prevents it from being presented for depsoit another time.  You will be liable for checks that are presented more than once.

You agree to cooperate with us in the investigation of unusual transactions or poor quality transmissions, and in the resolution of claims related to items transmitted through the Mobile Baning Service including by providing any originals or copies of items deposited through Mobile Banking that we may request.

r.  Review of Statement   
You also understand the importance of your role in preventing misuse of your accounts through Mobile Banking and you agree to promptly examine your statement for each of your accounts as soon as you receive it.  You agree to accept responsibility for learning how to use Mobile Banking in accordance with the online instructions and agree to contact us directly if you have any problems with Mobile Banking.  You also accept responsbility for making sure that you know how to properly use your mobile device with the Mobile Banking Services.  We will not be liable to you for any losses caused by your failure to properly use Mobile Banking on your mobile device.

You MUST notify us of any errors or suspected error related to the items deposited through this service as soon as possible after they occur, and in no event later than thirty (30) days after the bank statement has been sent.

s.  Termination of Service
We reserve the right to modify, add, suspend, remove, or disable portions of the Mobile Banking Service or end the service at any time without notice.  We may also impose limits on the use of or access to certain services without notice or liability.  In no event will we be liable for the removal or disabling of access to Mobile Banking.  You may cancel your Mobile Banking service at any time by contacting us or deactivating your device through Online Banking. Canceling or deactivating Mobile Banking does not cancel your Online Banking access.

6.  FEES
Online Account Access .............................................................No Monthly Charge
Mobile Banking Access .............................................................No Monthly Charge
Bill Pay Service  ......................................................................No Monthly Charge
     Overnight Check (OVERNIGHT CHECK TRAN FEE) (each)  .........................$14.95
     Same Day Electronic Bill Pay (ONLINE BILL PMT TRAN FEE) (each)  .............$9.95
Popmoney (Bill Pay Feature)
     Send Money Transfer - 3 day service (each)  ............................................$0.50
     Send Money Transfer - next day service (each)  ........................................$1.00
     Send Money Transfer - same day service (each)  .......................................$3.00
     Request Money Service (each)  ...............................................................$0.50

An NSF Paid or NSF Returned fee (in accordance with our current fee schedule) will apply if you make or schedule a transaction and your available balance, including any overdraft protection program, is not sufficient on the day the item is presented for payment.  Fees may also be incurred for using funds from an overdraft protection program, see your program agreement.  Other fees may apply pertaining to the collection of failed or returned Bill Pay transactions, see the Terms and Conditions of the Bill Payment Service, Failed or Returned Transactions section below for details. We reserve the right to charge you for research time involving transactions no longer available in your screen history.  You will be informed of any such charges before they are incurred.

You agree to pay all fees associated with services utilized through Online and/or Mobile Banking contained herein.  We reserve the right to change or add fees at any time.  Fees separately disclosed to you in connection with your designated account(s) apply when using Online and/or Mobile Banking; for example, transfers from a savings account may result in an excessive withdrawal fee.  Please consult your deposit agreements for details.

7.  TRANSFERS
There are two ways to make a Transfer between your designated accounts.

a.  Express Transfers
Transfers made using the Express Transfer option occur immediately and will affect your projected balance.  You cannot cancel or amend an Express Transfer once it is submitted.

b.  Scheduled Transfers
Scheduled Transfers using the New Scheduled Transfer option or through the Transfer List are processed at 5:00 pm on the date the Transfer is scheduled to take place.  If the date the Transfer is scheduled to take place falls on a weekend or bank holiday, the Transfer will be made the following Business Day.  You may use Online Banking to cancel or amend a Scheduled Transfer at any time before 5:00 pm on the Business Day the transfer is scheduled to take place.

8.  STOP PAYMENTS
You may order through Online Banking stop payments on any of your checks that have not yet been paid by us. You must provide the correct check number and exact amount of the check.  Any loss suffered as a result of your not accurately identifying the check in the stop payment request will be your responsibility and not ours.

A stop payment order will not be deemed received until one of our employees has read and approved the stop payment instruction.  A stop payment order will not be effective against a check that has paid prior to us receiving the order and having a reasonable period of time to respond to the order.  You understand that you will be responsible for determining whether a check has or has not been paid.

You acknowledge that the information regarding the status of individual checks may not include transactions, including cash payments of a check, that occur the same Business Day as the date of the receipt of stop payment order.  You agree that a transaction search through Online Banking will not necessarily reveal whether a check has been paid until the Business Day after the Business Day on which we receive the stop payment order. Any loss suffered by your decision to issue a new or replacement check or to take any other action based on information in Online Banking prior to the next Business Day after the Business Day on which the stop payment order has been received by us is your responsibility.

Stop payment orders are in effect for six months, and must be renewed every six months to remain in effect.  If you do not renew the stop payment order when it expires and the check is presented for payment, we may pay the check and charge it to your account.  There is a $10.00 Stop Payment Fee for each stop payment and renewal order placed through Online Banking.

9.  LIMITS ON TRANSFERS AND PAYMENTS
Federal law limits certain types of transfers and withdrawals from savings and money market accounts.  Each transfer from a savings or money market using Online or Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in your account agreement.  For this reason, we recommend that you closely monitor the Transfers and Payments you make from a savings or money market account.  For security reasons, we may limit the frequency and dollar amount of Transfers and Payments.

10.  ELECTRONIC MAIL (EMAIL)
Sending email through our Web Site or Online Banking is a way to communicate with us.  Since we may not receive it immediately, you should not rely on email if you need to communicate with us right away (for example, to place a stop payment or to report an unauthorized transaction).  If you need to contact us immediately, call us at (951) 766-4100 during our Business Hours.  E-mail may not be used to request account information or to conduct transactions with us, for example, wire transfer requests or fund transfers.  Email is not a secure method of communication and we recommend you do not send or request confidential personal or account information. 

11.  CUT-OFF TIMES
To have a transaction begin processing on the same Business Day, we must receive your instructions before the cut-off time reflected below.  Transactions received after the cut-off time or on a day that is not a Business Day will be processed the following Business Day.  We reserve the right to change the cut-off time.  You will receive notice if it changes.

Express Transfer……..……….………………………………….Immediately
Scheduled Transfer………………………………………………...5:00 pm
Bill Payment………………………….………………………………...7:00 pm
Account-to-Account Transfer………………………………….7:00 pm

12.  DOCUMENTATION

a.  Confirmation Numbers
Upon completion of a transaction using Online or Mobile Banking, a confirmation number will be given.  You may print the confirmation for your records.

b.  Preauthorized Credits
If you have arranged to have direct deposits made to your account at least once every sixty (60) days from the same person or company, you can call us at (951) 766-4100 to find out whether or not the deposit has been made.  You can also use Online or Mobile Banking to find out whether or not the deposit has been made.

c.  Periodic Statements
We report your Online and Mobile Banking transactions on your monthly statement for your designated account(s).  Your savings account statement may be sent on a quarterly basis, unless there were electronic transactions, in which case you will receive a monthly statement.  You are responsible to promptly review your statement(s) for accuracy.

13.  CONTACT IN EVENT OF UNAUTHORIZED TRANSFER
If you believe your Access ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, change your Password immediately and notify us by calling (951) 766-4100, or write:

The Bank of Hemet
P.O. Box 12002
Hemet, CA 92546-8002
Attention:  Client Services

14.  ELECTRONIC FUND TRANSFER PROVISIONS FOR CONSUMERS
The provisions in this Section apply only to personal accounts that are used primarily for personal, family, or household purposes.

a.  Consumer Liability
Tell us AT ONCE if you believe your Access ID or Password has become lost, stolen, or known to an unauthorized person.  Telephoning is the best way of keeping your possible losses down.  You could lose all the money in your account(s) (plus your maximum overdraft protection program, if any).  If you tell us within 2 Business Days, you can lose no more than $50 if someone used your Access ID and Password without your permission.  If you do NOT tell us within 2 Business Days after you learn of the loss or theft of your Access ID or Password, and we can prove that we could have stopped someone from using your Access ID and Password without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows Transfers or Payments that you did not make, tell us at once.  If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. 

If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

For your protection, sign off after every Online and Mobile Banking session and close your browser to ensure confidentiality.

b.  Liability of the Bank
If we do not complete a Transfer or Payment 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 if, for instance:

    • Through no fault of ours, you do not have enough money in your account, or overdraft protection program if you have one, to make the Transfer or Payment;
    • If any part of the Online Banking system was not working properly, and you knew about the breakdown when you started the Online Banking transaction;
    • You have not provided us with the correct name, amount, or account information for the Payees to whom you wish to make the Payment;
    • A court order or legal process prevents us from making a Transfer or Payment;
    • Circumstances beyond our control, such as fire, flood, or electronic failure prevent the Transfer or Payment, despite reasonable precautions that we have taken.
    • If in the case of a preauthorized credit to your account a third party does not send your money to us on time or does not send us the correct amount.

There may be other exceptions stated in our agreement with you.  Except as specifically provided in this agreement or where law requires a different standard, you agree that the Bank will not be responsible for any direct, indirect, special or consequential, economic or other damages arising out of or in any way connected with usage of Online Banking.

c.  In Case of Errors or Questions About Your Electronic Transfers
Telephone us at (951) 766-4100, or write us at:

The Bank of Hemet
P.O. Box 12002
Hemet, CA 92546-8002
Attention: Client Services

as soon as possible, if you think your statement or transaction record is wrong or if you need more information about a transfer listed on the statement or transaction record.  We must hear from you no later than sixty (60) days after we sent 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 verbally, we may require that you send us your complaint or question in writing within ten (10) Business Days.

We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  If we decide to do this, we will credit your account within ten (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 compliant or question in writing and we do not receive it within ten (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 ninety (90) days to investigate your complaint or question.  For new accounts, we may take up to twenty (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 ask for copies of the documents that we used in our investigation.

d.  Confidentiality
We will disclose information to third parties about your account(s) or your transactions:

    • When it is necessary for completing transactions.
    • In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant.
    • In order to research a claim.
    • In order to comply with a government agency or court order.

If you give us your permission.

For additional information regarding our privacy practices, you may refer to our Privacy Notice, available on our Web Site and at all branch locations.

e.  Right to Stop Payment and Procedures For Doing So
If you have told us in advance to make regular Payments/Transfers out of your account, you can stop any of these Payments/Transfers. 
Here’s how: Call us at (951) 766-4100 or write us at:

The Bank of Hemet
P.O. Box 12002
Hemet, CA 92546-8002
Attention:  Client Services

Contact us in time for us to receive your request at least three (3) Business Days before the Payment/Transfer 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 fourteen (14) days after you call.  If you want all future Payments/Transfers to a particular party stopped, you must specifically advise us of that intention.  If you follow these instructions and we do not stop payment as you requested, we will be liable for your losses or damages.  We will charge you a fee for each stop payment order, please consult our Schedule of Fees for details.

15.  BUSINESS AND OTHER NON-PERSONAL ACCOUNTS
The provisions under Section 14 do not apply to business or other non-personal accounts.  You must notify us immediately if you discover any unauthorized transactions or errors.  Under no circumstances will we be liable for any special or consequential damages involving such accounts.  By using Online or Mobile Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable.  You agree to notify us in the event your use of Online or Mobile Banking would necessitate or be better served by a level of security that exceeds that offered by this Agreement.  You agree to be bound by and responsible for any transaction that is initiated by means of your Access ID and Password, even if it is not initiated or authorized by you, unless you have notified us that your Access ID or Password has been lost or stolen or of possible unauthorized use and we have had a reasonable opportunity to act on that notice. 

16.  ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties with respect to the matters covered herein.  No other agreement, statement, or promise made by any party hereto or by any employee, officer, or agent of any party hereto that is not in writing and authorized by the parties is binding.

17.  CHANGES TO AGREEMENT
We may change the terms of this Agreement at any time.  For example, we may add, delete, or amend terms or services.  We will notify you of such change by mailing a notice to your address as it appears in our records.  Advance notice will be provided when required by law.  Your continued use of Online or Mobile Banking will be deemed evidence of your agreement to the amended terms.

18.  TERMINATION
You may terminate Online Banking at any time upon giving notice of the termination to us.  We may terminate part or all of Online Banking without notice, cause, or liability to you and without affecting your outstanding obligations under this Agreement.  We will try to notify you in advance, but we are not obligated to do so.  You can terminate Online Banking by calling us at (951) 766-4100 or by writing to:

The Bank of Hemet
P.O. Box 12002
Hemet, CA 92546-8002
Attention:  Client Services

This termination applies only to Online Banking and does not terminate your designated accounts.

If you do not use Online Banking for any six (6) month period, your access will terminate.  If you have the Bill Payment Service and your Online Banking is terminated, your bill payment information may be lost.

19.  ASSIGNMENT
You understand and agree that you may not assign this Agreement or any of your rights under this Agreement to anyone.

20.  SEVERABILITY
If any provision herein, or part thereof, is held to be invalid, illegal, or unenforceable, the remainder of the Agreement, or other parts or applications of such provisions, shall not be affected thereby.

21.  CHOICE OF LAW
Notwithstanding other choice of law provisions in this Agreement, this Agreement is governed by the laws of the State of California.

TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE

1.  SERVICE DEFINITIONS
"Service" or "The Service" means the bill payment service offered by The Bank of Hemet, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc.

"Agreement" means these terms and conditions of the bill payment service.

"Customer Service" means the Customer Service department of The Bank of Hemet. Please see the ERRORS AND QUESTIONS section below for Customer Service contact information.

"Biller" is the person or entity to which you wish a bill payment to be directed or is the person or entity from which you receive electronic bills, as the case may be.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Biller (such as, but not limited to, Biller name, Biller account number, and Scheduled Payment Date).

"Payment Account" is the checking account from which bill payments will be debited.

"Billing Account" is the checking account from which all Service fees will be automatically debited.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Scheduled Payment Date" is the day you want your Biller to receive your bill payment and is also the day your Payment Account will be debited, unless the Scheduled Payment Date falls on a non-Business Day in which case it will be considered to be the previous Business Day.

"Due Date" is the date reflected on your Biller statement for which the payment is due; it is not the late date or grace period.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

2.  PAYMENT SCHEDULING
The earliest possible Scheduled Payment Date for each Biller (typically four (4) or fewer Business Days from the current date) will be designated within the application when you are scheduling the payment. Therefore, the application will not permit you to select a Scheduled Payment Date less than the earliest possible Scheduled Payment Date designated for each Biller. When scheduling payments you must select a Scheduled Payment Date that is no later than the actual Due Date reflected on your Biller statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a non-Business Day, you must select a Scheduled Payment Date that is at least one (1) Business Day before the actual Due Date. Scheduled Payment Dates must be prior to any late date or grace period.

3.  THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Billers or financial institutions, some transactions may take longer to be credited to your account.  The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

4.  PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Service with names and account information of Billers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Biller directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or Biller, or payments remitted to you on behalf of another authorized user of the Service.

The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: 

  • If, through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  • The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction;
  • You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  • Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a Biller which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

5.  PAYMENT METHODS
The Service reserves the right to select the method in which to remit funds on your behalf to your Biller. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment (funds remitted to the Biller are deducted from your Payment Account when the laser draft is presented to your financial institution for payment).

6.  PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.

7.  STOP PAYMENT REQUESTS
The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

8.  PROHIBITED PAYMENTS
Payments to Billers outside of the United States or its territories are prohibited through the Service.

9.  EXCEPTION PAYMENTS
Tax payments and court ordered payments may be scheduled through the Service; however such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.

10.  BILL 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. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:

a.  Information provided to the Biller
The 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 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 Service and/or bill information.

b.  Activation
Upon activation of the electronic bill feature the 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.

c.  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.

d.  Notification
The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service 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. In the event you do not receive notification, it is your responsibility to periodically logon to the 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.

e.  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 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 Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

f.  Non-Delivery of Electronic Bill(s)
You agree to hold the 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.

g.  Accuracy and Dispute of Electronic Bill
The Service is not responsible for the accuracy of your electronic bill(s). The 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.

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

h.  EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11.  PASSWORD AND SECURITY
You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are responsible for all payments you authorize using the Service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify the Service at once by calling 855-723-2224 during Customer Service hours.

12.  YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your account has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a  long trip or a hospital stay) prevented you from telling us, we may extend the period.

13.  ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following: 

  • Telephone us at 855-723-2224 during Customer Service hours;
  • Contact us by using the application's e-messaging feature; and/or,
  • Write us at:

The Bank of Hemet
1600 E. Florida Ave.
Hemet, CA 92544

If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (60) days after the FIRST statement was sent to you on which the problem or error appears. You must:

  • Tell us your name and Service account number;
  • Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  • Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Payment Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation.

The Service may revoke any provisional credit provided to you if we find an error did not occur.

14.  DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations: 

  • Where it is necessary for completing transactions;
  • Where it is necessary for activating additional services;
  • In order to verify the existence and condition of your account to a third party, such as a credit bureau or Biller;
  • To a consumer reporting agency for research purposes only;
  • In order to comply with a governmental agency or court orders; or,
  • If you give us your written permission.

15.  SERVICE FEES AND ADDITIONAL CHARGES
Any applicable fees will be charged regardless of whether the Service was used during the billing cycle. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your designated Billing Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

16.  FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:

  • You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
  • For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
  • You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
  • The Service is authorized to report the facts concerning the return to any credit reporting agency.

17.  ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as part of the Service, you agree to receive all legally required notifications via electronic means.

18.  ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made by contacting Customer Service. Any changes in your Payment Account should also be made in accordance with the procedures outlined within the application's Help files. All changes made are effective immediately for scheduled and future payments paid from the updated Payment Account information. The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Account or contact information.

19.  SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, please contact Customer Service via one of the following:

  • Telephone us at 855-723-2224 during Customer Service hours; or,
  • Write us at:

The Bank of Hemet
1600 E. Florida Ave.
Hemet, CA 92544

Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time.  Neither termination nor suspension shall affect your liability or obligations under this Agreement.

20.  BILLER LIMITATION
The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

21.  RETURNED PAYMENTS
In using the Service, you understand that Billers and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, Biller's forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your Payment Account. You may receive notification from the Service.

22.  INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. In order to verify ownership of the Payment Account(s) and/or Billing Account, the Service may issue offsetting debits and credits to the Payment Account(s) and/or Billing Account, and require confirmation of such from you. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a Biller or your financial institution (for example, to resolve payment posting problems or for verification).

23.  DISPUTES
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail.

24.  ASSIGNMENT
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

25.  NO WAIVER
The Service shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service.  No delay or omission on the part of the Service in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

26.  CAPTIONS
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

27.  GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect.

THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.

TERMS OF USE (for PopmoneySM Personal Payments Service)

You agree that the following will be applicable upon availability from us.
Last updated June 9, 2012.

1.  INTRODUCTION
This Terms of Use document (hereinafter "Agreement") is a contract between you and The Bank of Hemet (hereinafter "we" or "us") in connection with
the PopmoneySM Personal Payments Service offered through our online banking site (the "Site"). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.

2.  DESCRIPTION OF SERVICE
The Popmoney Service enables you: (1) to initiate a payment transaction from an Eligible Transaction Account to an account at a U.S. financial institution; and/or (2) to receive a payment transaction from another person into an Eligible Transaction Account, in U.S. dollars. Although the ACH Network is often used to execute Popmoney Service payment transactions, other Payment Networks may be used to facilitate the execution and transmission of payment transactions. All payment transactions must be made through the Site and are subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. Receipt of payment transactions may be made through the Site and is subject to the terms of this Agreement and applicable laws and regulations, in each case as in effect from time to time. In some instances, receipt of payment transactions may be made through www.Popmoney.com (the "Popmoney Website") and if you choose to initiate or receive a payment transaction at the Popmoney Website you acknowledge and agree that you shall be subject to the terms of other agreements, including, but not limited to, the "terms of use” for the Popmoney Website and applicable laws and regulations, in each case as in effect from time to time.

3.  SERVICE PROVIDERS
We are offering you the Service through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. Service Provider and certain other capitalized terms are defined in a "Definitions” section at the bottom of this Agreement.

4.  AMENDMENTS
We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site.  The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes.  Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete.  Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Service’s more recent revisions and updates.

5.  OUR RELATIONSHIP WITH YOU
We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not have control of, or liability for, any products or services that are paid for with our Service. We also do not guarantee the identity of any user of the Service (including but not limited to Receivers to whom you send payments).

6.  ASSIGNMENT
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

7.  NOTICES TO US REGARDING THE SERVICE
Except as otherwise stated below, notice to us concerning the Site or the Service must be sent by postal mail to:

The Bank of Hemet
1600 E. Florida Ave.
Hemet, CA 92544

We may also be reached at 855-723-2224 for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under this Agreement.

8.  NOTICES TO YOU
You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Service setup or customer profile.  For example, users of the Service may receive certain notices (such as notices of processed payment transactions, alerts for validation and notices of receipt of payment transactions) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in section 7 above. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

9.  CALLS TO YOU
By providing us with a telephone number (including a wireless/cellular, mobile telephone number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes.

10.  RECEIPTS AND TRANSACTION HISTORY
You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts or periodic statements by mail.

11.  YOUR PRIVACY
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

12.  PRIVACY OF OTHERS
If you receive information about another person through the Service, you agree to keep the information confidential and only use it in connection with the Service.

13.  ELIGIBILITY
The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law.  Without limiting the foregoing, the Service is not offered to minors. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

14.  PROHIBITED PAYMENT
The following types of payments are prohibited through the Service, and we have the right but not the obligation to monitor for, block and/or reverse such payments:

  • Payments to or from persons or entities located in prohibited territories; and
  • Payments that violate any law, statute, ordinance or regulation; and
  • Payments that violate the Acceptable Use terms in section 15 below; and
  • Payments related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or solicit others; (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
  • Payments related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
  • Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or
  • lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing; (5) are associated with the following "money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges or check cashing, or (6) provide credit repair or debt settlement services; and
  • Tax payments and court ordered payments.

In addition to the above-referenced prohibited payments, we may also block and/or reverse payments that involve donations or payments to an unauthorized charity or non-profit organization. In no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We have no obligation to research or resolve any claim resulting from a prohibited payment. All research and resolution for any misapplied, mis-posted or misdirected prohibited payments will be your sole responsibility and not ours. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.

15.  ACCEPTABLE USE
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use, and for all communications you send through the Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 7 above of any violations of this section or the Agreement generally.

16.  PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing us with names and telephone numbers, email addresses, and/or bank account information of Receivers to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive through the Service.

When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account and remit funds on your behalf. You also authorize us to credit your Eligible Transaction Account for the receipt of payments, including but not limited to those payments returned to us from Receivers to whom you sent payment(s) or cancelled and returned to you because the processing of the payment transaction could not be completed.

You agree that we will not be liable in any way for any payments that you may receive, regardless of whether you authorized the Sender to send them to you.

We will use reasonable efforts to complete all your payment transactions properly. However, we shall incur no liability if we are unable to complete any transaction because of the existence of any one or more of the following circumstances:

  • If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the payment transaction or the payment transaction would exceed the credit limit of your overdraft account;
  • The Service is not working properly and you know or have been advised by us about the malfunction before you execute the payment transaction;
  • The payment is refused as described in Section 20 below;
  • You have not provided us with the correct information, including but not limited to the correct Payment Instructions or Eligible Transaction Account information, or the correct name and address or mobile phone number of the Receiver to whom you are initiating a payment transaction; and/or,
  • Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution, or interference from an outside force) prevent the proper execution of the payment transaction and we have taken reasonable precautions to avoid those circumstances.
  • It is the responsibility of the Sender and the Receiver to ensure the accuracy of any information that they enter into the Service (including but not limited to the Payment Instructions and name, telephone number and/or email address that the Sender enters for the Receiver to whom you are sending the payment transaction), and for informing us as soon as possible if they become aware that this information is inaccurate.  Neither the Sender nor Receiver may use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a payment transaction made to the wrong person or entity once informed, but we do not guarantee such stoppage or recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by the Sender or Receiver.

17.  INITIATION OF PAYMENT TRANSACTIONS
You may initiate (a) a one-time payment transaction to a Receiver for which processing shall be initiated immediately, (b) a one-time payment transaction to a Receiver for which processing shall be initiated at a later specified date up to one (1) year, and (c) a recurring series of payment transactions to a Receiver for which processing shall be initiated on the specified dates. Further details about each of these options can be found on the Site.

Payment transactions initiated to Receivers are processed in two ways. You can provide all the required information about the Receiver, including his/her Eligible Transaction Account, necessary to complete an ACH Network transfer of funds. Alternatively, you can provide contact information about the Receiver (including an email address or mobile telephone number) and the Popmoney Service may contact the Receiver and request that the Receiver (i) provide information so that we may validate the identity of the Receiver at the Popmoney Website and then (ii) provide Eligible Transaction Account information in order to complete the payment transaction (a "Two-Step Transfer").  If the Receiver maintains an Eligible Transaction Account with an institution that participates in the Popmoney Service, the Receiver may access the Popmoney Service at his or her financial institution’s website or mobile application to complete the payment transaction and receive the payment.

You understand and agree that when you initiate a payment transaction from an Eligible Transaction Account using the Popmoney Service, the processing of the payment transaction will begin and the debiting of your Eligible Transaction Account will occur as early as the day of such initiation. However, the payment funds will be transferred into the Receiver's Eligible Transaction Account no earlier than the next Business Day after you initiated the payment transaction. If you request a one-time payment transaction to be initiated on a specified date or a recurring series of payment transactions to be initiated on specified dates, then the processing of the payment transaction will begin on the specified date and the debiting of your Eligible Transaction Account will occur as early as the specified date(s).  However, the payment funds will be transferred into the Receiver’s Eligible Transaction Account no earlier than the next Business Day following the specified date. In addition, in the case of all Two-Step Transfers, the deposit of the payment funds into the Receiver’s Eligible Transaction Account (even if debited or withdrawn from your Eligible Transaction Account) may be delayed if the Receiver has not provided the Popmoney Service with certain required information such as his or her Eligible Transaction Account information.

18.  RECEIVING PAYMENTS
If another person wants to send you a payment transaction using the Popmoney Service to an Eligible Transaction Account you hold with us, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Popmoney Service or at the Popmoney Website.

You understand and agree that there may be a delay between the time you are notified of the pending payment transaction and the deposit of the payment funds into your Eligible Transaction Account, and you may be required to take additional steps to facilitate the deposit of the payment of funds into your Eligible Transaction Account. You authorize the Sender, the financial institution which holds the Sender's Eligible Transaction Account and the Popmoney Website to send emails to you and text messages to your mobile phone in connection with the Sender's initiation of payment transactions to you, and, as a Receiver, you may also receive electronic gift cards or requests from others for payment through the Service.

19.  PAYMENT METHODS AND AMOUNTS
We impose limits on the amount of money or gift card value you can send or receive through our Service. These limits may be adjusted from time-to-time at our sole discretion. You may log in to the Site to view your individual transaction limits. We also reserve the right to select the method in which to remit funds on your behalf, and the method to return funds to you in the event that your Eligible Transaction Account is closed or otherwise unavailable to us.

These payment methods may include, but may not be limited to, an electronic or paper check payment.

20.  PAYMENT CANCELLATION, STOP PAYMENT REQUESTS AND REFUSED PAYMENTS
Sender may cancel the initiation of a payment transaction or stop a payment transaction at any time until the processing of the payment transaction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a payment transaction or recover funds associated with an unauthorized payment transaction will depend on the manner in which the payment transaction was initiated, and whether the payment transaction to the Receiver’s Eligible Transaction Account has begun processing. Although we will make a reasonable effort to accommodate a stop payment request and to recover funds associated with an unauthorized payment transaction, we will have no liability for failing to do so. We may also require you to present your stop payment request or request to recover funds in writing within fourteen (14) days after contacting customer care. The charge for each stop payment or fund recovery request will be the current charge for such stop payment or funds recovery service as set out in the applicable fee schedule. Payments not claimed by a Receiver will be automatically cancelled ten (10) days after the processing of the payment begins. When a Sender initiates a payment transaction, the Receiver is not required to accept the payment transaction.  You agree that you as a Sender will not hold us liable for any damages resulting from a Receiver’s decision to accept or not to accept a payment transaction initiated or attempted through the Service. We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied payment to your Eligible Transaction Account or use other reasonable efforts to return such payment to you as permitted by law.

21.  YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
Immediately following your discovery of an unauthorized payment transaction, you shall communicate with customer care for the Service in the manner set forth in section 7, above. You acknowledge and agree that time is of the essence such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains payment transactions that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

22.  MOBILE PHONE USERS
Your phone service provider is not the provider of the Service. Users of the Service may receive text messages relating to their payment and other notices. You will receive text messages related to your payment transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such device. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 767666. To stop receiving text messages on your mobile phone, text "STOP" to this number: 767666.

23.  TAXES
It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

24.  SERVICE FEES AND ADDITIONAL CHARGES
Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from your designated Eligible Transaction Account for these amounts and any additional charges that may be incurred by you. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

25.  FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting us to attempt to make payments for you from your Eligible Transaction Account. If we are unable to complete the payment transaction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the payment transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment transaction), the payment transaction may not be completed.  In some instances, you will receive a return notice from us. In each such case, you agree that:

  • You will reimburse us immediately upon demand the amount of the payment transaction if we have delivered the payment to the Receiver but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow us to complete the debit processing;
  • For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
  • You may be assessed a fee by our service provider and by us if the payment transaction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the requested transfer, or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your account agreement with us. You hereby authorize us to deduct these amounts from your designated Eligible Transaction Account, by ACH debit;
  • You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and
  • We are authorized to report the facts concerning the return to any credit reporting agency.

26.  ADDRESS OR BANKING CHANGES
It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Changes can be made through your Service account, within the user interface of the Service or by contacting customer care for the Service as set forth in section 7 above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Payment Instructions or contact information.

27.  REFUSED PAYMENTS
We reserve the right to refuse to pay any Receiver. We will notify the Sender promptly if we decide to refuse to pay a Receiver designated by the Sender. This notification is not required if you attempt to make a prohibited payment under this Agreement.

28.  RETURNED PAYMENTS
In using the Service, you understand that Receivers may reject payment transactions or otherwise return payments. We will use reasonable efforts to complete payment transactions initiated through the Service.

29.  INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service as a Sender, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized bureau. In addition, you agree that we reserve the right to obtain personal information about you, including without limitation, financial information and transaction history regarding your Eligible Transaction Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the Service, to authenticate you when you log in, to send you information about the Service, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the Service and the content and layout of the Site. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, audit reasons and as permitted by applicable law for everyday business purposes.

In addition we and our Service Providers may use, store and disclose such information acquired in connection with the Services in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Services.

30.  SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may contact us as set forth in section 7 above. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. We may terminate or suspend your use of the Service at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

31.  ERRORS, QUESTIONS, AND COMPLAINTS
In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in section 7 above.

If you think your transaction history is incorrect or you need more information about a transaction listed in the transaction history, we must hear from you no later than sixty (60) days after the transaction in which the problem or error appears is first posted in the transaction history. You must:

  • Tell us your name;
  • Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  • Tell us the dollar amount of the suspected error.

If you tell us verbally, we may require that you send your complaint in writing within ten (10) Business Days after your verbal notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly.  However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

32.  INTELLECTUAL PROPERTY
"Popmoney" is a trademark of CashEdge Inc. or its affiliates. All other marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

33.  LINKS AND FRAME
Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

34.  PASSWORD AND SECURITY
If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in section 7 above. See also section 21 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

35.  REMEDIES FOR BREACH
If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time.

36.  DISPUTES
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.

37.  ARBITRATION
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and the judgment there may be entered in any court of competent jurisdiction. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. 

38.  LAW AND FORUM FOR DISPUTES
Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under section 37 above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.

39.  INDEMNIFICATION
You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.

40.  RELEASE
If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

41.  NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

42.  EXCLUSIONS OF WARRANTIES
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

43.  LIMITATION OF LIABILITY
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 37 AND 38 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

44.  COMPLETE AGREEMENT, SEVERABILITY, CAPTIONS, AND SURVIVAL
This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 3, 6-9, 12, 23, 25, 32 and 35-44, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.

45.  DEFINITIONS
"ACH Network" means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial institutions.

"Affiliates" mean companies related by common ownership or control.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

"Eligible Transaction Account" is a transaction account (checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information) from which your payments as a Sender will be debited, your Popmoney Service fees will be automatically debited, or to which payments and credits to you will be credited.

"Payment Instruction" is the information provided by the Sender to the Popmoney Service for a payment to be made to a Receiver (such as, but not limited to, name, mobile telephone number, email address, and bank account and routing number information).

"Payment Network" means a payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.

"Receiver" is a person or business entity that is sent a payment transaction through the Service.

"Sender" is a person or business entity that sends a payment transaction through the Service.

"Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

TERMS OF USE ACCOUNT-TO-ACCOUNT ("A2A")SM TRANSFER SERVICE

Last updated November 3, 2011.

1.  INTRODUCTION
This Terms of Use document (hereinafter "Agreement") is a contract between The Bank of Hemet (hereinafter "we" or "us") and you (hereinafter "you") in
connection with the A2A Transfer Service (the "Service") offered through our online banking site (the "Site"). This Agreement applies to your use of the Service and the portion of the Site through which the Service is offered. By accessing the Service, you acknowledge that you have read and agree to this Agreement. Please read this Agreement carefully. This Agreement outlines the legally binding terms and conditions for your use of the Service.

2.  SERVICE PROVIDERS
We are offering you the Service through one or more "Service Providers" that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be intended third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us. "Service Provider" and certain other terms are defined in a "Definitions" section at the end of this Agreement.

3.  AMENDMENTS
We may amend this Agreement and any applicable fees and charges for the Service at any time by posting a revised version on the Site.  The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Service after a notice of change will constitute your agreement to such changes.  Further, we may, from time to time, revise or update the Service and/or related applications or material, which may render all such prior versions obsolete.  Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Service, and/or related applications and material and limit access to only the Service's more recent revisions and updates. We also reserve the right to terminate the Service in its entirety.

4.  OUR RELATIONSHIP WITH YOU
We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Service. We do not guarantee the identity of any user of the Service (including but not limited to Accounts to which you send payments).

5.  ASSIGNMENT
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

6.  NOTICES TO YOU
You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Service, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. For example, users of the Service may receive certain notices (such as notice and receipt of transfers) as text messages on their mobile device. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in section 27 below. We reserve the right to charge you a reasonable fee not to exceed twenty (20) dollars to respond to each such request. We reserve the right to close your account if you withdraw your consent to receive electronic communications.

7.  CALLS TO YOU
By providing us with a telephone number (including a mobile number), you consent to receiving autodialed and prerecorded message calls from us at that number for non-marketing purposes. For example, we or our Service Provider may contact you in connection with validating or processing a transaction that you've requested through the Service.

8.  RECEIPTS AND TRANSACTION HISTORY
You may view at least six months of your transaction history with the applicable Service Provider by logging into your account and looking at your account transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.

9.  YOUR PRIVACY
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

10.  ELIGIBILITY
The Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law.  Without limiting the foregoing, the Service is not offered to minors.

11.  ACCEPTABLE USE
You may use the Service to transfer funds as described in section 12 below. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service, regardless of the purpose of the use. In addition, you are prohibited from using the Service for activities that: (a) violate any law, statute, ordinance or regulation; (b) payments related to illegal gambling, illegal gaming and/or any other illegal activity with an entry fee or a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; or (h) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in section 27 below of any violations of this section or this Agreement generally. In no event shall we or our Service Providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Service or this Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.

12.  TRANSFER AUTHORIZATION AND PROCESSING
(a) The Service enables you to transfer funds: (i) between your Accounts that you maintain with us; and (ii) between your 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. You represent and warrant that you are the sole owner (and not a joint tenant) of the Transaction Account and the Recipient Account and that you have all necessary legal right, power and authority to transfer funds from the Transaction Account to the Recipient Account. Further, you represent and warrant that the Recipient Account is located in the United States. (b) When we receive a Transfer Instruction from you, you authorize us to debit your Transaction Account and remit funds on your behalf to the Recipient Account designated by you and to debit one of your Accounts as described below in Section 18 (Service Fees and Additional Charges). You also authorize us to reverse a transfer from your Recipient Account if the debit is returned from the Transaction Account for any reason, including but not limited to nonsufficient funds. (c) We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:

  • If, through no fault of ours, the Transaction Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
  • The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
  • The transfer is refused as described in section 14 below;
  • You as a Sender have not provided us with the correct information, including but not limited to the correct Transaction Account or Recipient Account information; and/or,
  • Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. (d) It is your responsibility to ensure the accuracy of any information that you enter into the Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Recipient Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.

13.  TRANSFER METHODS AND AMOUNTS
We may, at our sole discretion, impose limits on the amount of money you can transfer through our Service. We also reserve the right to select the method in which to transfer funds on your behalf, and the method to return funds to you in the event that the Recipient Account is closed or otherwise unavailable to us.

14.  TRANSFER CANCELLATION REQUESTS AND REFUSED TRANSFERS
You may cancel a transfer at any time until it begins processing (as shown in the Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Transaction Account. If this is unsuccessful (for example, the Transaction Account has been closed) we will make reasonable attempts to mail you a paper check. If after ninety (90) days (or longer, depending on our then-current standard for unclaimed checks) that check has not been cashed, we will stop payment on it and transfer funds to an "unclaimed funds" account, and will subsequently handle the unclaimed funds as required or otherwise permitted by applicable law.

15.  STOP PAYMENT REQUESTS
If you as a Sender desire to stop any transfer that has already been processed, you must contact customer care for the Service pursuant to section 27. Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.

16.  YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you tell us within two (2) Business Days after you discover your password or other means to access your Account has been lost or stolen, your liability is no more than $50.00 should someone access your Account through the Service without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.

17.  TAXES
It is your responsibility to determine what, if any, taxes apply to transfers you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transfers, or for collecting, reporting or remitting any taxes arising from any transfer.

18.  SERVICE FEES AND ADDITIONAL CHARGES
Applicable fees will be disclosed in the user interface for the Service. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based.

There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Account you hold with us, whether a Transaction Account or Recipient Account, for these amounts and any additional charges that may be incurred by you. If we hold both the Transaction Account and the Recipient Account, then you authorize us to deduct such amounts and charges from the Transaction Account. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

19.  FAILED OR RETURNED TRANSFERS
In using the Service, you are requesting us to make transfers for you from your Transaction Account. If we are unable to complete the transfer for any reason associated with your Transaction Account (for example, there are insufficient funds in your Transaction Account to cover the transaction), the transfer may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that: (a) You will reimburse us immediately upon demand the transfer amount that has been returned to us; (b) For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to one and a half percent (1.5%) monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed; (c) You may be assessed a fee by our Service Provider and by us if the transfer is returned because you have insufficient funds in your Transaction Account to cover the requested transfer or if we cannot otherwise collect the funds from you; the fee amount will be as set forth in your fee schedule from us or your Account agreement with us. You hereby authorize us to deduct these amounts from your designated Transaction Account by ACH debit; (d) You will reimburse us and our Service Provider for any fees or costs we or they incur in attempting to collect the amount of the return from you; and, (e) We and our Service Provider are authorized to report the facts concerning the return to any credit reporting agency.

20.  ADDRESS OR BANKING CHANGES
It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, address, phone numbers and email addresses. Changes can be made either within the application or by contacting customer care for the Service. Any changes in your Transaction Account or Recipient Account should also be made in accordance with the procedures outlined within the Service's help files. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate Transaction Account, Recipient Account, or contact information.

21.  REFUSED TRANSFERS
We reserve the right to refuse any transfer to a Recipient Account. We will notify you promptly if we decide to refuse to transfer funds to a Recipient Account. This notification is not required if you attempt to make a prohibited transfer under this Agreement.

22.  RETURNED TRANSFERS
In using the Service, you understand transfers may be returned for various reasons such as, but not limited to, Recipient Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Recipient Account or void the transfer and credit your Transaction Account. You may receive notification from us.

23.  INFORMATION AUTHORIZATION
Your enrollment in the Service may not be fulfilled if we cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that we and our Service Providers reserve the right to request a review of your credit rating at our own expense through an authorized bureau.

24.  SERVICE CANCELLATION BY YOU
In the event you wish to cancel the Service, you may telephone us at 855-723-2224 during customer care hours; and/or write us at:

The Bank of Hemet
1600 E. Florida Ave.
Hemet, CA 92544

Any transfer(s) we have already processed before the requested cancellation date will be completed by us.

25.  SERVICE CANCELLATION, TERMINATION, OR SUSPENSION BY US, AND OTHER REMEDIES FOR BREACH
If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site, and/or use of the Service for any reason and at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

26.  DISPUTES
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. You and we agree that this Agreement is the complete and exclusive statement of the agreement between us and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between us and you relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.

27.  ERRORS, QUESTIONS, AND COMPLAINTS
(a) Except as otherwise stated in this Agreement, notice to us concerning the Site or the Service must be sent by postal mail to:

The Bank of Hemet
1600 E. Florida Ave.
Hemet, CA 92544

In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 855-723-2224 during customer care hours, provided such telephone calls will not constitute legal notices under this Agreement; and/or write us at:

The Bank of Hemet
1600 E. Florida Ave.
Hemet, CA 92544

(b) If you think your transaction history is incorrect or you need more information about a Service transaction listed in the transaction history, you should notify us immediately. In the notice, you must:

  • Tell us your name;
  • Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
  • Tell us the dollar amount of the suspected error. (c) If you notify us orally, we may require that you send your complaint in writing within ten (10) Business Days after your oral notification. We will tell you the results of our investigation within ten (10) Business Days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.

28.  WAIVER OF JURY TRIAL
Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates or any intended third party beneficiary arising under or relating to this Agreement.

29.  WAIVER OF CLASS ACTION CLAIMS
Both parties agree to waive any right to assert any dispute or claim against the other party or any intended third party beneficiary arising under or relating to this Agreement as a class action.

30.   ARBITRATION
Both parties agree to resolve any dispute or claim between the parties or any of their respective Affiliates or any Service Provider or other intended third party beneficiary arising under or relating to this Agreement through binding arbitration. Both parties stipulate and agree that this Agreement evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The only exceptions to this arbitration agreement are as follows:  a. We and you expressly agree that under no circumstances shall any dispute or claim arising under or relating to this Agreement be subject to arbitration on a classwide or collective basis. Only the disputes or claims of individual parties may be arbitrated. b. We or you may, at the option of the claiming party, pursue any claim in small claims court instead of arbitration, provided that the claim must not exceed $5,000 or the jurisdictional limit of the small claims court, whichever is less; and the small claims court must otherwise have jurisdiction of the claim and the parties.

31.   ARBITRATION PROCEDURE
You or we may commence arbitration, at the claiming party's election, administered either by JAMS (formerly known as "Judicial Arbitration and Mediation Services"), or the American Arbitration Association ("AAA"). The arbitration shall take place before a single arbitrator, selected pursuant to the selection procedures in the applicable commercial or consumer arbitration rules of the administrator (JAMS or AAA).  The JAMS or AAA rules, shall apply subject only to the following exceptions and modifications. a. You may, if you wish, commence arbitration pursuant either to (i) the AAA Consumer Arbitration Procedures, or (ii) the JAMS "minimum standards" for consumer arbitration. In all such consumer arbitrations we will pay the balance of the applicable arbitration administrative fee to the extent required by the JAMS or AAA procedures or standards you have chosen. b. You or we (whoever is the party commencing the arbitration) may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If the claiming party selects
non-appearance-based arbitration, the parties agree that the following rules shall apply: (i) the arbitration may be conducted telephonically, and/or
online, or be based solely on written submissions, at the election of the party commencing the arbitration; (ii) the arbitration shall not require any travel
or personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) discovery shall not be permitted. c. When we
or you (whoever is the party commencing arbitration) do not select non-appearance-based procedures, the parties agree that there shall be no discovery except whatever discovery the arbitrator determines is necessary for fair resolution of the claim or dispute. d. Neither we nor you shall seek any award of attorney's fees, including an award of fees from any Service Provider or other intended third party beneficiary of this Agreement, in any arbitration claim arising under or relating to this Agreement, except that the arbitrator may award attorney's fees when (and only to the extent that) the applicable law requires an award of attorney's fees to the prevailing party.

32.   ARBITRABILITY ISSUES TO BE DECIDED BY ARBITRATOR
The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.

33.   LAW AND FORUM FOR DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated under section 31 above) must be resolved by a court located in Gwinnett County, Georgia. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

34.   INDEMNIFICATION
You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and the officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Service.

35.   RELEASE
If you have a dispute with one or more other users of the Site or the Service, you release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive and release any and all provisions, rights and benefits conferred either (i) by § 1542 of the California Civil Code, which reads: "Section 1542. General release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor;" or (ii) by any law of any state or territory of the United States, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code.

36.   NO WAIVER
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

37.   INTELLECTUAL PROPERTY
All marks and logos related to the Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Service, the portion of the Site through which the Service is offered, the technology related to the Site and Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Service shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

38.   LINKS AND FRAMES
Links to other sites may be provided on the portion of the Site through which the Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

39.   PASSWORD AND SECURITY
If you are issued or create any password or other credentials to access the Service or the portion of the Site through which the Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Service without your consent, you must inform us at once at the telephone number provided in section 27 above. See also section 16 above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

40.   EXCLUSIONS OF WARRANTIES
THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

41.   LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 31, 32 AND 33 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.

42.  COMPLETE AGREEMENT, SEVERABILITY, CAPTIONS, AND SURVIVAL
This Agreement sets forth the entire understanding between us and you with respect to the Services and the portion of the Site through which the Services are offered. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 6, 7, 26, 28-37, and 40-43, as well as any other terms which by their nature should survive, will survive the termination of this Agreement.

42.  DEFINITIONS
"Account" means a checking, money market or savings account.

"Affiliates" mean companies related by common ownership or control.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.

"Recipient Account" is the account to which your funds will be credited.

"Sender" means the Transaction Account holder initiating a transfer through the Service.

"Service Provider" means companies that we have engaged to render some or all of the Service to you on our behalf.

"Site" means the online banking website through which the Service is offered.

"Transaction Account" is the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.

"Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient Account.

 

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