"Agreement" means these Terms and Conditions.
"Account" means accounts held at Santa Barbara Bank and Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank, First Bank of San Luis Obispo, or any other financial institution.
"The Bank" refers to Pacific Capital Bank, N.A., doing business as Santa Barbara Bank and Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank, or First Bank of San Luis Obispo.
"Account Aggregation Service" means the account aggregation services described in this Agreement, that are made available by a third party Service Provider (CashEdge Corporation) with whom The Bank has contracted to provide Account Aggregation Services to its customers. The Bank, at its sole discretion, reserves the right to change Account Aggregation Service Providers.
Our Account Aggregation Service simplifies and organizes your online experience by bringing together your online account information in one place. The Service consolidates, organizes and presents account information from providers and sources of your online Accounts (banking, brokerage, e-mail, frequent flyer programs, et cetera) to you on secure web pages. The following is a brief description of the various features of the Service and requirements for using the Service. Please note that we may add to, modify, or delete any feature of the Service from time to time in our sole discretion.
Any reference to Account Aggregation Service in this Agreement includes any directors, officers, employees, contractors, service providers, agents or licensees of the Service Provider. As used in this Agreement, the words "you" and "your" refer to you as the user of the Account Aggregation Service; the words "we," "us," "our" and any other variation thereof refers to the Service Provider or The Bank. In order to use the Account Aggregation Service, (i) you must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law, (ii) you must have a postal mailing address in the United States and a valid and active e-mail address, (iii) you must have a valid checking or savings account with Pacific Capital Bank, N.A., doing business as Santa Barbara Bank and Trust, First National Bank of Central California, South Valley National Bank, San Benito Bank, or First Bank of San Luis Obispo.
This Agreement sets out the terms and conditions (the "Terms") on which The Bank and the Service Provider will provide to you, and you may use, the Service and forms as part of a legally binding agreement between you and the Service Provider. When you click on the "I Agree" button, you will complete an application to receive the Account Aggregation Service and you agree to accept the Terms, including any amendments to this Agreement or any changes in the Terms. Your application may be accepted or declined by our Service Provider and/or The Bank based on specific criteria. If you do not agree to all of the Terms, click on the "I Disagree" button. If you do not accept and agree to all of the Terms, you will not be entitled to use the Account Aggregation Service. The Service Provider reserves the right to change the Terms under which the Service is offered in its sole discretion at any time; however, will notify you of any material change to the Terms. In most cases, you will receive the notice online the next time you log in; however, the Service Provider and/or The Bank reserves the right to notify you by e-mail or by conventional mail, at its discretion. You agree that if you continue to use the Account Aggregation Service after we notify you of any change, you thereby accept the changes to the Terms and agree to be bound by this Agreement, as amended. If you do not accept and agree to the changes to the Terms, you will not be entitled to use the Account Aggregation Service. You can review, download and print the most current version of this Agreement at any time by clicking on "AllTime Online Account Aggregation Service and Agreement." If you do not agree to the changes, or if at any time you wish to discontinue your use of the Account Aggregation Service, you can unsubscribe by clicking on "unsubscribe" from the Edit Profile page or by sending The Bank an e-mail to online@pcbancorp.com or, if you prefer, by sending a registered or certified letter to:
Online Banking Department
P.O. Box 60839
Santa Barbara, CA 93160
Once your account with the Service Provider and/or The Bank has terminated for any reason, you will have no further right or access to use the Account Aggregation Service.
We will only disclose information about you to third parties if:
Your contribution is important to protect the security of your access to our Account Aggregation Service. You can help prevent unauthorized access by following these security tips:
Also for more tips on safe Internet banking please visit: http://www.fdic.gov/bank/individual/online/safe.html
You also agree that the Bank may revoke your Account Aggregation Service and/or AllTime Online account access if unauthorized account access and/or transactions occur as the apparent result of negligence in the safeguarding of the login ID and passwords belonging to you and/or your authorized user. Further, you agree that, if the Bank is notified that you have included us in the filing of a petition of bankruptcy, we may revoke or refuse to grant you Account Aggregation Service and/or AllTime Online access to your Account.
Subject to The Bank's and the Service Provider's Privacy Policy, you agree that the Service may use, copy, modify, display and distribute any information, data, materials or other content (the "Content") you provide to The Bank and the Service Provider for the purpose of providing the Account Aggregation Service, and you hereby give permission to do so. By submitting Content, you represent that you have the right to provide such Content to The Bank and the Service Provider for the purposes set forth in this Agreement.
You understand and agree that, in order to provide the Service, it is necessary for The Bank and our Service Provider to access third party Web sites and data bases containing information regarding your Accounts and financial relationships as designated by you ("Third Party Accounts"), on your behalf, to retrieve information as requested or authorized by you. By using the Account Aggregation Service, you agree to authorize The Bank and our Service Provider to access such Third Party Accounts to retrieve such Content as requested or authorized by you, or for any other purpose authorized by this Agreement. You warrant and represent that the information you are providing us with is true, correct and complete. You represent and warrant to us that you have the right to authorize and permit us access to your Third Party Accounts, you assure us that by disclosing the information to us and by authorizing us to use such information to access your Third Party Accounts, you are not violating any third party rights. You hereby authorize and permit The Bank and our Service Provider to use Content and other information submitted by you to the Account Aggregation Service (such as account passwords and user names) to accomplish these purposes and to configure the Service to be compatible with the Third Party Accounts.
For as long as you are using the Service, you give to The Bank and our Service Provider a limited power of attorney and appoint The Bank and our Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access the Third Party Accounts, retrieve Content, and use your Content, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with the Service, as fully to all intents and purposes as you might or could do in person. Once The Bank and our Service Provider has actual knowledge that you wish to cease using the Service as provided in this Agreement or as otherwise permitted in this Agreement and has a reasonable opportunity to act on such knowledge, this limited power of attorney is automatically revoked; provided, however, that any act done by The Bank and our Service Provider in good faith before it has actual knowledge of termination by you shall be deemed to be authorized by you. To notify The Bank that you wish to discontinue using the Service, you may send us an e-mail to online@pcbancorp.com or, if you prefer, by sending a registered or certified letter to:
Online Banking Department
P.O. Box 60839
Santa Barbara, CA 93160
You understand and agree that at all times your relationship with each Third Party Account provider is independent of The Bank and our Service Provider and your use of the Service. The Bank and our Service Provider will not be responsible for any acts or omissions by the financial institution or other provider of any Third Party Account, including, without limitation, any modification, interruption or discontinuance of any Third Party Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN THE BANK AND OUR SERVICE PROVIDER IS ACCESSING AND RETRIEVING INFORMATION FROM THE THIRD PARTY ACCOUNTS, THE BANK AND OUR SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You agree that The Bank, its affiliates, Service Providers and partners shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY COSTS, FEES, LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF (1) OUR ACCESS TO THE THIRD PARTY ACCOUNTS; (2) OUR RETRIEVAL OF OR INABILITY TO RETRIEVE INFORMATION FROM THE THIRD PARTY ACCOUNTS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS.
In order to update the value of your assets as shown on your dashboard, we will access your Third Party Account. OUR SERVICE PROVIDER MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DOES THE SERVICE PROVIDER MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT. You understand that neither The Bank nor our Service Provider is a broker or dealer in securities, and neither of us is an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment. The Foreign Exchange rates used in currency calculations are currently provided by xe.com to the Service Provider. The Foreign Exchange rates are not real time. Neither the Service Provider nor xe.com is responsible for the accuracy of the rates provided or for any actions taken in reliance thereon.
The Account Aggregation alerts service enables you to receive a notice via email or other devices concerning available information in your Third Party Accounts. You can set alerts for each of your Third Party Accounts registered with the Account Aggregation Service. You are responsible for determining the criteria that governs the alert and Account Aggregation Service will send an alert to you based upon the instructions you provide to us. Your instructions are neither reviewed nor verified by the Account Aggregation Service prior to or following activation of any alert. At any point, you can enable or disable an alert, or delete the alert altogether. You understand and accept that an alert is transmitted electronically and you acknowledge that you have no expectation of privacy with respect to such information. You acknowledge that the information in the alert is unencrypted and can be accessed, used, or misappropriated by unintended third-party recipients. Account Aggregation Service is not responsible for any unauthorized use or misappropriation of any and all information transmitted through the alert. The Account Aggregation Service does not guarantee the delivery or the accuracy of the contents of each alert. You acknowledge and agree that delivery of an alert may be delayed or prevented by factor(s) outside our control and we shall not be liable for any losses or missed opportunities incurred by you due to the delayed, non-delivery or misdirected delivery of an alert. The Service Provider provides this service as a convenience to you for information purposes only. The Account Aggregation Service reserves the right to terminate its alert service or begin charging a fee for such service at any time without prior notice to you. The Account Aggregation Service shall not be liable for any direct, indirect, special, incidental, or consequential damages caused by (a) non-delivery, delayed delivery, or the misdirected delivery of an alert; (b) inaccurate or incomplete information in an alert; or (c) your reliance on or use of the information provided in an alert for any purpose.
You acknowledge and agree that The Bank and/or our Service Provider own all rights in and to the Account Aggregation Service. You are permitted to use the Account Aggregation Service only as expressly authorized by this Agreement. You may not copy, reproduce, distribute, or create derivative works, reverse engineer or reverse compile The Bank and/or our Service Provider's Account Aggregation, any of The Bank and/or our Service Provider's services or technology.
As a condition of using the Account Aggregation Service, you warrant to us that you will not use the Account Aggregation Service for any purpose that is unlawful or is not permitted, expressly or implicitly, by the terms of this Agreement or by any applicable law or regulation. You further warrant and represent that you will not use the Account Aggregation Service in any manner that could damage, disable, overburden, or impair the Account Aggregation Service or interfere with any other party's use and enjoyment of the Account Aggregation Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Account Aggregation Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason.
We may modify or discontinue the Account Aggregation Service or your Account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right, subject to applicable law, to terminate your account and your right to use the Account Aggregation Service at any time and for any reason, including without limitation if we, in our sole judgment, believe you have engaged in conduct or activities that violate any of the Terms or the rights of The Bank and/or our Service Provider, or if you provide us with false or misleading information or interfere with other users or the administration of the Account Aggregation Services. We reserve the right to charge a fee for the use of the Account Aggregation Service and any additional services or features that we may introduce. You understand and agree that you are responsible for paying all fees associated with the use of our Account Aggregation Service.
You may terminate your account with The Bank at any time by sending us an e-mail at online@pcbancorp.com or, if you prefer, by sending a registered or certified letter to:
Online Banking Department
P.O. Box 60839
Santa Barbara, CA 93160
Once your account with The Bank has terminated for any reason, you will have no further right or access to use the Account Aggregation Service.
The Bank website may contain links to other websites ("Linked Sites"). Such links are provided solely as a convenience to you. The Bank does not screen, approve, review or otherwise endorse any content or information contained in any Linked Sites. You acknowledge and agree that The Bank, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and make no representations or warranties regarding the Linked Sites or your use of them.
We hope you will find the Account Aggregation Service to be useful and reliable. However, neither The Bank nor its Service Providers can make any representations or warranties that you will have continuous or uninterrupted access to the Service or any of its content or functions, or that any of the functions of the Service will be error-free. THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", AND The Bank or its third party licensors MAKE NO REPRESENTATION OR WARRANTIES RELATING TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ITS PERFORMANCE, AVAILABILITY, CONTENTS OR FUNCTIONS) OR ANY PRODUCTS, SERVICES, ADVERTISEMENTS, OR WEBSITES, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF THE SERVICE (INCLUDING ANY ASSOCIATED SOFTWARE OR OTHER MATERIALS SUPPLIED IN CONNECTION WITH THE SERVICE) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE SERVICE OR AS PROVIDED BELOW. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights that vary state to state.
YOU UNDERSTAND THAT IN NO EVENT WILL THE BANK OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SERVICE, THE INABILITY TO USE THE SERVICE OR THOSE RESULTING FROM ANY MERCHANDISE OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, EVEN IF THE BANK OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE BANK OR ITS THIRD PARTY LICENSORS UNDER THESE TERMS OF USE SHALL NOT EXCEED ONE THOUSAND DOLLARS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless The Bank and our Service Provider, its affiliates, partners, officers, directors, employees, consultants, Service Providers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Account Aggregation Service, our reliance on the information, instruction, license and/or authorization provided by you under or pursuant to this Agreement, your violation of the Terms or your infringement, or infringement by any other user of your Bank account, of any intellectual property or other right of any person or entity.
You understand and agree that our Service Provider is not a bank, a broker-dealer firm, or any other kind of financial institution. You represent and warrant that you are who you claim to be; that you are the rightful owner of all Content and the Accounts linked for the purposes of the Account Aggregation Service; and that you are rightfully authorizing us to access the Accounts.
You understand that our Service Provider is not responsible or liable if your financial institution's or any other provider of Third Party Accounts system "goes down" or if they have any system failures and we are unable to retrieve information on your behalf.
You agree that our rights and remedies arising out of any breach of your representations and warranties in this Agreement, the limitations on our liability and our rights to indemnification under this Agreement are continuing and shall survive the termination of this Agreement, notwithstanding the lack of any specific reference to such survivability in these provisions. The Bank's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of The Bank's right to subsequently enforce such provision or any other provisions of this Agreement.
The most current version of this Agreement as it appears on our website, including any amendments that we may make from time to time, constitutes the entire agreement between us, and supersedes and replaces all other agreements or understandings, whether written or oral, regarding the Account Aggregation Service. This Agreement may be amended, or any of The Bank's rights waived, only if The Bank agrees in writing to such changes, or you continue using the Account Aggregation Service following receipt of notice of any changes proposed by The Bank. All notices to you shall be in writing and shall be made either via e-mail, conventional mail or messages delivered through the Account Aggregation Services, at The Bank's discretion. All notices to The Bank must be made in writing and sent to The Bank at:
Online Banking Department
P.O. Box 60839
Santa Barbara, CA 93160
Via registered or certified mail. This Agreement is personal to you and you may not assign it to anyone.
Although the Account Aggregation Services are made available through the Service Provider, the Service Provider does not receive, hold or transfer funds, and shall have no liability to you with respect to the provisions of the Service Provider. The Service Provider makes no representation or warranty whatsoever, including any express or implied warranty of merchantability or fitness for a particular purpose, regarding the Account Aggregation Services. However, the Service Provider is a third party beneficiary of this Agreement.
This Agreement shall take effect immediately upon the acceptance of your application and by clicking on "I Accept" you consent that you have the ability to retain a copy of these disclosures for your records and you also consent to receiving these Agreement(s) electronically.