"ACH Debit" and "ACH Deposit" mean a charge or deposit to your checking account or savings account that we perform using the Automated Clearing House system. "Agreement" means these Terms and Conditions.
"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.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"CHIPS" means Clearing House Interbank Payment System and is a way by which we debit or credit your checking account or savings account.
"Cut-off Time" means transfers initiated up until 10:00 pm PST will begin processing the same business day. Transfers initiated after 10:00 pm PST will be processed the following business day.
"Account" means accounts held at 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 or any other financial institution.
"External Account" means accounts held at any other financial institution other than 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.
"External Transfer Service" means the online transfer 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 external transfer services to its customers. The Bank, at its sole discretion, reserves the right to change External Transfer Service Providers.
With the AllTime Online External Transfer Service, you may transfer funds to and from any of your accounts at 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 to any other account held by you or another person at the above institutions or another financial institution.
Any reference to External Transfer 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 External Transfer Service; the words "we," "us," "our" and any other variation thereof refers to the Service Provider or The Bank. In order to use the External Transfer 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 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 the External Transfer Service 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 External Transfer 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 External Transfer 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 External Transfer 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 External Transfer Service. You can review, download and print the most current version of this Agreement at any time by clicking on "AllTime Online External Transfer Terms and Agreement." If you do not agree to the changes, or if at any time you wish to discontinue your use of the External Transfer 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 External Transfer Service. Information Authorization
Our Service Provider reserves the right to obtain such additional information as we deem reasonably necessary to insure that you, or persons to whom you may transfer funds, are not using our External Transfer Service in violation of law, including, but not limited to, laws and regulations designed to prevent "money laundering" or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Assets Control (OFAC) of the United States Treasury Department.
Once you are approved for the External Transfer Service, we may verify your Accounts that you add to the Service from time to time. You authorize us to validate the Accounts through the use of a test transfer, in which one or more low value payments will be both credited to and debited from the Account. The test credit will always occur before the test debit and will always be of the same or lesser amount, so that the balance in any of your Accounts will never be less than the actual balance.
Once the test transfer is complete, we may ask you to access your Account to tell us the amount of the test credit or debit or any additional information reported by your bank with this test transfer. We may also verify Accounts through requiring the entry of information you ordinarily use to access the Account provider's web site, or by requiring you to submit proof of ownership of the Account which may include but is not limited to a copy of current bank statements, voided check or deposit slip, or verification by your external financial institution. User Content
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 External Transfer 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 that in order to complete funds transfers, it is necessary for The Bank and our Service Provider to access the websites and databases of your bank and other institutions where you hold Accounts, including External Accounts as designated by you and on your behalf, to retrieve information and effect the funds transfers you request. By using the External Transfer Service, you represent and warrant to us that you have the right to authorize and permit us to access your Accounts to effect such funds transfers or for any other purpose authorized by this Agreement, and you assure us that by disclosing and authorizing us to use such information, you are not violating any third party rights. You warrant and represent that the information you are providing to us is true, current, correct and complete. You hereby authorize and permit The Bank and our Service Provider to use information submitted by you to accomplish these purposes and to configure the External Transfer Service to be compatible with the Accounts.
For as long as you are using the External Transfer 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 Accounts, effect funds transfers as described above, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with effecting funds transfers, including verifying the content and authenticity of any funds transfer instruction for the purposes of security procedures applicable to Accounts, as fully to all intents and purposes as you might or could in person. Once The Bank, and/or our Service Provider has actual knowledge that you wish to cease using the External Transfer 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/or our Service Provider in good faith before it has actual knowledge of termination by you and has a reasonable opportunity to act on such knowledge shall be deemed to be authorized by you.
You understand and agree that at all times your relationship with each External Account provider is independent of The Bank and your use of the External Transfer Service. The Bank will not be responsible for any acts or omissions by the financial institution or other provider of any External Account, including without limitation any modification, interruption or discontinuance of any Account by such provider.
YOU ACKNOWLEDGE AND AGREE THAT WHEN THE BANK AND OUR SERVICE PROVIDER IS EFFECTING A FUNDS TRANSFER FROM OR TO ANY OF YOUR ACCOUNTS, THE BANK AND OUR SERVICE PROVIDER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OR ON BEHALF OF ANY 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 ACCOUNTS; (2) OUR DEBIT AND/OR CREDIT OR INABILITY TO DEBIT AND/OR CREDIT THE ACCOUNTS IN ACCORDANCE WITH YOUR FUNDS TRANSFER INSTRUCTIONS; (3) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN THE INFORMATION RETRIEVED FROM THE ACCOUNTS; (4) ANY CHARGES IMPOSED BY ANY PROVIDER OF ACCOUNTS AND (5) ANY FUNDS TRANSFER LIMITATIONS SET BY THE FINANCIAL INSTITUTIONS OR OTHER PROVIDERS OF THE ACCOUNTS.
Not all types of accounts are eligible for External Funds transfer. Account types are limited to checking and savings and do not include any IRA, Investment or Trust Accounts. Transfers made through External Transfer Services from a money market deposit account or savings account may result in an excess withdrawal fee. Also, if you have a savings overdraft protection plan covering your checking account, any transfers to cover an overdraft may result in a transfer fee and the transfer will be counted as a limited transaction withdrawal. Please refer to your Account Agreement and Disclosure Statement and your Schedule of Fees and Charges for additional information and to see if your accounts are subject to these fees. We are not responsible for any costs or losses incurred from funds transfers that are not permitted under such restrictions by the provider of your Account or those imposed by applicable law.
We will only disclose information about you to third parties if:
Your contribution is important to protect the security of your access to our External Funds Transfer Service. You can help prevent unauthorized access by following these security tips:
Please click on the Privacy & Security link located on the Bank's website to read the Bank's Online Security Policy for more information: http://pcbancorp.com/privacy
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 External Funds Transfer 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 External Funds Transfer Service and/or AllTime Online access to your account.
You understand that we must rely on the information provided by you and you authorize us to act on any instruction which has been or reasonably appears to have been sent by you, to submit funds transfer instructions on your behalf. You understand that financial institutions receiving the funds transfer instructions may rely on such information. We are not obliged to take any further steps to confirm or authenticate such instructions and will act on them without getting further confirmation. You understand that if you provide us with incorrect information or if there is any error in your instruction we will make all reasonable efforts to reverse or delete such instructions, but you accept full responsibility for losses resulting from any of your errors, duplication, ambiguities or fraud in the information that you provide. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current or incomplete, without limiting other remedies, The Bank reserves the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
In Case of Errors or Questions about Your Electronic Transfers You Should:
1. Telephone us toll free at: 1-888-400-7228
2. Write us at:
Online Banking Department
P.O. Box 60839
Santa Barbara, CA 93160
3. If you think that your statement is wrong or you need more information about a transfer listed on the statement, we must hear from you no later than (60) days after you received the FIRST statement on which the problem or error appeared. You must:
4. Tell us your name and account number.
5. 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, and
6. Tell us the dollar amount of the suspected error.
If you tell us orally in person or by telephone, we may require that you send us your complaint or question in writing within ten (10) Business Days after providing 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. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, we will provisionally credit your account within ten (10) Business Days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within in ten (10) Business Days, we may not re-credit your account.
We will tell you the results within three (3) Business Days after completing our investigation. If we decide that we did not make an error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation.
We are not responsible for errors, delays and other problems caused by or resulting from the action or inaction of financial institutions holding the Account. Although we will try to assist you in resolving any such problems, you understand that any such errors, delays or other problems are the responsibility of the relevant financial institution. Any rights you may have against a financial institution for such errors, delays or other problems are subject to the terms of the agreements you have with such financial institution, including any time limits during which complaints must be made.
You can see a complete statement of all your funds transfers processed or pending at any time by clicking on the History tab. If you tell The Bank within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your AllTime Online login ID, password and/or security questions and answers have been lost, stolen or compromised, you can lose no more than $50.00. If you fail to notify the Bank within two (2) Business Days after you learn of unauthorized access to your account(s) and/or that your AllTime login ID, password and/or security questions and answers have been lost, stolen or compromised, and we can prove that we could have prevented the unauthorized access to your account(s) or use of your AllTime Online password had you notified us, you could lose as much as $500.00. If your monthly statement or your online account detail reflects any transfers or payments that you did not make, tell us at once. If you do not tell us within sixty (60) days after the first statement which reflected an unauthorized transfer(s) or payment(s) was mailed to you, you may not get back any money you lost after the sixty (60) days, provided that we can prove that we could have stopped someone from taking the money if you had told us in time. This sixty (60) day period may be extended under unusual circumstances. Types of Transfers
Transfers can be between Accounts within the same financial institution or at an unrelated financial institution.
Some of these services may not be available at all times. We may from time to time make available additional or new features to the External Transfer Service, including but not limited to, a next day service and a higher limit service. You will be approved or declined for any such additional service at our sole discretion and additional terms and conditions may apply. Please ensure that you have sufficient funds to effect any funds transfers from your Accounts. We may, at any time, decline to process any funds transfer that is believed may violate applicable law.
We do not limit the number of funds transfers you may make; however, you may not make funds transfers in excess of the number of funds transfers allowed by the rules governing the applicable Accounts. Please refer to your Account Agreement and Disclosure Statement and your Schedule of Fees and Charges for additional information and to see if your accounts are subject to these transfer restrictions. We may from time to time for security and risk management reasons modify the limit, the frequency and the dollar amount of transfers you can make using our Service.
Transfers made to and from other financial institutions can be in any amount, but may not exceed an aggregate amount of $25,000.00 in process at any time. We reserve the right to change from time to time the dollar amount of funds transfers you are permitted to make using our External Transfer Service. Without limiting the foregoing, in the event that your use of the External Transfer Service has been suspended and reinstated as provided herein (see "Suspension and Reinstatement of Funds Transfer Service" below), you understand and agree that your use of the External Transfer Service thereafter may be subject to lower dollar amount limitations than would otherwise be permitted by us. Transfers Subject to the Rules of the Accounts
Additionally, all funds transfers are also subject to the rules and regulations governing the relevant Accounts. You agree not to effect any funds transfers from or to an Account that are not allowed under the rules or regulations applicable to such accounts including, without limitation, rules or regulations designed to prevent the transfer of funds in violation of OFAC regulations.
Canceling of Transfers
Transfers scheduled to begin processing today cannot be modified or canceled. In order to cancel future dated or recurring transfers, first log into AllTime Online and follow the prompts provided within the External Funds Transfer portion of AllTime Online. Requests to cancel future or recurring transfers must be completed by 10:00 pm PST the day prior to the scheduled transfer due date. Rejection of Transfers
We reserve the right to decline to effect any funds transfer, to submit funds transfer instructions or orders or to carry out change or cancellation requests. Authorization
You authorize us to select any means to execute your funds transfer instructions. You understand that to effect your funds transfer instruction we utilize the Automated Clearing House (ACH), using applicable ACH Rules, we debit one of your Accounts and credit another of your Accounts. Once your Account has been debited, we credit our Service Provider's transfer account at the Service Provider's clearing bank. After our Service Provider and/or its clearing bank are reasonably certain that the debit will not be returned (in most cases this is usually between 3-4 banking days), our Service Provider will credit your Account. The sole purpose for our Service Provider's transfer account is to complete your funds transfer requests and for performing the services within the scope of this Agreement. The Service Provider earns no interest on the funds in the transfer account. If the debit side fails or is returned for any reason and the credit side has been released and cannot be collected, you authorize our Service Provider to collect from the Account to which the credit side of the funds transfer was sent. We reserve the right to resubmit a debit, or a portion of the debit, in the event of an insufficient or uncollected funds return and if we cannot collect the amount credited. To effect this collection, you understand and authorize us to debit the credited Account or the debited Account in either the same dollar amount as the original funds transfer or a portion of the debit. There may be a fee associated with such collection imposed by the financial institution holding the Account.
You understand and agree that we may from time to time impose additional charges in connection with your funds transfer transactions. The Service Provider will notify you of such fee in advance of the transaction. If you choose to proceed with the transaction, you authorize the Service Provider to debit your account in the amount indicated.
In the event that a debit to any of your Accounts, or any portion of any such debit, has failed and the credit side of such transaction has been released and cannot be collected, and we are unable to debit either the debited or the credited Account as set forth above, we reserve the right, and you hereby authorize us, to debit any of your other Accounts to the extent necessary to offset any resulting deficiency. We do not undertake to notify you in such event, other than by posting any such transfer or transfers to the applicable Account in accordance with this Agreement (see "Documentation," below).
You understand and agree that in the event we are unable to execute your funds transfer request utilizing the ACH, we may utilize other established payment mechanisms in order to complete your funds transfer instructions, such as wire transfer or check. Please refer to your Account Agreement and Disclosure Statement and your Schedule of Fees and Charges for additional information.
In the event that we at any time incur a problem with your use of the External Transfer Service, including, without limitation, a fail in attempting to debit any of your Accounts or to collect with respect to any of your funds transfers as described above, and without limiting any other right or remedy that we may have under this Agreement or otherwise, we reserve the right to suspend your right to use the External Transfer Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect ourselves from loss. In the event of such suspension, you may request reinstatement of your service by contacting us using any of the methods provided for under this Agreement (see "Error Reporting above"). We reserve the right in our sole discretion to grant or deny reinstatement of your use of the External Transfer Service. In the event we agree to reinstate you, we reserve the right to, and ordinarily will, initially reinstate your Service subject to lower per-transaction and monthly dollar limits and/or with other restrictions than otherwise might be available to you. Based upon your subsequent usage of the External Transfer Service, The Bank in its sole discretion may thereafter restore your ability to effect transfers subject to such higher limits as may then be in effect (see "Dollar Amount of Transfers," above). Documentation
You may access a statement of all funds transfers effected or pending at any time by clicking on the History tab. If a funds transfer could not be completed, The Bank and/or our Service Provider, upon learning that the funds transfer has failed, will make a reasonable effort to complete the transfer again. If the funds transfer fails a second time, we will notify you to contact your financial institution or other provider of the relevant Account to learn more about the failure. Proprietary Rights
You acknowledge and agree that The Bank and/or our Service Provider own all rights in and to the External Transfer Service. You are permitted to use the External Transfer 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 External Transfer, any of The Bank and/or our Service Provider's services or technology. No Unlawful or Prohibited Use
As a condition of using the External Funds Transfer Service, you warrant to us that you will not use the External Transfer 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 External Transfer Service in any manner that could damage, disable, overburden, or impair the External Transfer Service or interfere with any other party's use and enjoyment of the External Transfer 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 External Transfer Service. You agree that these warranties and representations will remain in full force and effect even if this Agreement terminates for any reason. Service Changes and Discontinuation
We may modify or discontinue the External Transfer 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 External Transfer 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 External Funds Transfer Services. We reserve the right to charge a fee for the use of the External Funds Transfer 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 External Transfer 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 External Transfer Service. Links To Third Party Sites
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 makes no representations or warranties regarding the Linked Sites or your use of them.
You understand that the financial institution at which an External Account is maintained may contact us to verify the content and authority of funds transfer instructions and any changes to those instructions. You understand that, as your agent, we may provide to such financial institution such information as may be required to verify the instructions and may constitute a valid security procedure under the rules governing such Account.
You also agree to allow us to authorize any financial institution at which you have an Account to accept funds and transfer instructions in accordance with any authorization procedures as may be agreed from time to time between you and such financial institution, or between us, on your behalf, and such financial institution, without verifying the instructions under the established security procedures, regardless of whether such security procedures were agreed by you directly or by us on your behalf. In addition you agree that we may authorize such financial institutions to charge and debit your accounts based solely on these communications. Account Number Policy
If funds transfer instructions identify a bank or beneficiary by name and account number, the relevant financial institution may execute those instructions by reference to the number only, even if the number does not correspond to the name. You understand that some financial institutions may not investigate discrepancies between names and numbers. In addition, you agree that we have no responsibility to investigate discrepancies between names and numbers.
An account having more than one owner is called a joint account. Each joint owner is bound by all the terms and conditions of this Agreement, and all references to "you" and "your" in the Agreement shall include all joint owners. Each joint owner agrees to be jointly and individually responsible for all charges and other obligations of any and all joint owners under this Agreement. Unless we are otherwise notified, in writing by all owners of an account, each joint owner has full and independent authority to use the External Transfer Service as if they were the sole owner, and without the consent of or notice to any other joint owner. Such powers include, without limitation, the authority to: (a) view all transfer data and execute transfers or other obligations of any joint owner; (b) order the payment or transfer of funds from the Funding Account; (c) receive notices, confirmations, statements, demands and other communications concerning the External Funds Transfer Services for and on behalf of all owners; (d) terminate, modify or waive any provision of this Agreement to the extent permitted herein; and (e) close the account at any time. Unless we are notified in writing by all owners of an account, we may: (a) honor the orders and follow the instruction of any one joint owner, without liability to any other joint owner(s), and without any obligation to give notice to other joint owners, or to inquire whether such other owners consent; (b) honor any payment order from a joint account owner even though it may create an overdraft in any account (and all joint owners are jointly and severally liable for repayment of overdrafts created by any joint owner); (c) honor stop payment requests (including orders that no further payments be permitted from the account) from any joint owner, whether the original payment order was authorized by that owner or another joint owner; and (d) treat any notice required or permitted to be given concerning the account as being given to all joint owners when such notice is given to any one joint owner.
You authorize us to select any means we deem suitable to provide your funds transfer instructions to the applicable financial institution. These choices include banking channels, electronic means, funds transfer systems, mail, courier, or telecommunications services, intermediary banks and other organizations. You agree to be bound by the rules and regulations that govern the applicable funds transfer systems, such as CHIPS or automated clearinghouse (ACH), as published by the National Automated Clearinghouse Association (NACHA). We shall make all reasonable efforts to ensure that your transfer requests are processed on time; however, we reserve the right to hold funds beyond the normal period in order to correctly execute a transfer request and any interest earned will be the property of The Bank.
If we do not provide a funds transfer instruction on time, if we cause an incorrect amount to be removed from an Account, or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable funds transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account. The service is not responsible or liable if your financial institution's system fails and we are unable to complete the transfer. Except as otherwise required by law, neither the Bank nor the External Transfer Service shall be liable for any losses and damages other than those arising from gross negligence or willful misconduct on our part or if we breach a representation or warranty of the service hereunder.
You agree that your transfer instructions constitute authorization for us to complete the transfer. You represent and warrant to us that you have enough money in the applicable Accounts to make any funds transfer you request that we make on your behalf through the Service. You understand and agree that we are not liable under any circumstances for any losses or damages if, through no fault of ours, you do not have enough money to make the funds transfer and the funds transfer is not completed or is later reversed or if your financial institution does not permit the transfer or the funds transfer would exceed the credit limit on any applicable overdraft line.
You also understand and agree that we are not responsible for any losses or damages if circumstances beyond our control (such as fire or flood) prevent us from making a funds transfer or if The Bank website was not working properly and you knew about the breakdown when you started the funds transfer.
We hope you will find the External Transfer 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, which vary from 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 External Funds Transfer 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. Miscellaneous
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 External Transfer Service; and that you are rightfully authorizing us to access the Accounts.
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 External Funds Transfer 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 External Transfer 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 External Funds Transfer 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.
If either of us has any dispute or disagreement with the other regarding this Agreement that we cannot resolve amicably, both parties agree that the sole and exclusive remedy shall be binding arbitration in accordance with the then-current rules and procedures of the American Arbitration Association. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Although the External Transfer Services are made available through a 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 External Transfer 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.