This
Agreement and Disclosure pertains to CNB's Online Banking
Products. You must agree to this Agreement and Disclosure
to access CNB's online Banking.
Please
read this Agreement and Disclosure, you may also print a
copy to retain for your reference.
After
reading and agreeing to this document's terms, click on
the "I Accept" button or the
"Cancel" button at the end of
the document to proceed.
This
Agreement and Disclosure (Agreement) for accessing your Commerce
National Bank accounts via CNB-Online Banking, is provided
for your information. Please read it carefully as it pertains
to your accounts and electronic services we offer.
For
the purposes of this Agreement, the following definitions
apply. The terms "We", "Us", "Our",
"CNB" and "Bank" refer to Commerce National
Bank; "You" and "Your" refers to both
consumer and business account owners; CNB-Online Banking is
the Internet-based service providing access to your account(s);
Time of day references are to U.S. Pacific Standard Time;
Business days are Monday through Friday, excluding holidays.
The
first time you access your CNB account(s) through CNB-Online
Banking confirms your agreement to abide by the terms and
conditions of this Agreement and acknowledges your receipt
and understanding of this disclosure. We may change the terms
or amend this Agreement from time to time without notice or
as otherwise provided by law. CNB-Online Banking can be used
to access certain CNB accounts. Each of your accounts at CNB
is also governed by the applicable account disclosure statement
in your Deposit Account Agreement and Disclosure Booklet,
(prior receipt of which you acknowledge).
This
Agreement will be governed by, and interpreted in accordance
with federal law and regulation and to the extent that there
is no applicable federal law or regulations, by the laws of
the State of California. To the extent permitted by applicable
law, you agree that any legal action regarding this Agreement
shall be brought in the county in which the Bank is located.
Our
normal business days and hours are: Monday through Thursday,
9 A.M. to 4 P.M., and Friday until 5 P.M., excluding holidays.
Contact
Us
You
may contact us by telephoning during normal business hours
at 949.474.1020. Coming into our branches or calling us is
the best way to report any problems or to get questions answered.
If you cannot call us or come in person, you can write to
us at:
Commerce
National Bank
4040 MacArthur Blvd., Suite 100
Newport Beach, CA 92660
E-Mail
Sending
e-mail through our Home Page is one way to communicate with
us. We have provided an e-mail link for you to ask questions
or give comments regarding our Home Page or CNB-Online Banking.
If
you send the Bank an electronic mail message, Commerce National
Bank will be deemed to have received it on the following business
day. Commerce National Bank will have a reasonable time to
act on your e-mail.
E-mail
is not a secured environment. Do not send account information
or transaction information via e-mail. You should not send
an electronic mail message if you need to communicate with
Commerce National Bank immediately.
The
first time you log on to CNB-Online Banking you will use any
one of your account number(s) as the Access ID but will be
prompted to change the Access ID after a successful log on.
The system will also ask you for your password which you will
use the last four digits of your social security number, the
system will also require you to change your password after
a successful log on.
For
your protection, we recommend that you frequently change your
personal password used to access CNB-Online Banking. (You
can change your password under the Change Password button).
You agree to hold your Password and Access ID in strict confidence
and you will notify us immediately if your Password and/or
Access ID is lost or stolen. As a precaution, it is recommended
that you memorize your Password and Access ID and do not write
either down. Passwords should not be easy to guess; for example,
your children's or pet's names, birth dates, addresses or
other easily recognized identifications related to you. We
also recommend you do not have your browser remember your
password.
You
further agree not to allow anyone to gain access to CNB-Online
Banking or to let anyone know your Password used with the
service. You agree to assume responsibility for all transactions
up to the limits allowed by applicable law. Commerce National
Bank will not be responsible for any loss due to breach in
the above security procedures.
Three
Strikes and You Are Out
To
guard against unauthorized use of your Access ID and Password,
CNB-Online Banking disables the Password indefinitely on the
third attempt until you call the Bank and request your Password
to be reset.
This
will also occur if you accidentally activate this security
feature by unintentionally mis-keying a Password three (3)
times. You will need to call the Bank to reestablish the password
for your account(s). You can reach us by calling 949.474.1020.
Lost
or Stolen Card, Password or Access ID
Contact
CNB AT ONCE if you believe your Password, Access ID, VISA
Check Card, or Personal Identification Number (PIN) has been
lost or stolen or you have identified any unauthorized Electronic
Funds Transactions (EFT) on your current statement viewed
on-line or your monthly printed statement. Phoning us immediately
at 949.474.1020 is the best way of minimizing your potential
losses, or you may write us at: Commerce National Bank, 4040
MacArthur Blvd. Suite 100, Newport Beach, CA 92660, Attention:
Operations, to report the problem.
Personal
Information Protection
In
addition to protecting your Password, Access ID and account
information, you should also protect your personal identification
information, such as your Driver's License, Social Security
Number, etc. This information, alone or together with information
about your account, may allow unauthorized access to your
account. It is your responsibility to protect your personal
information with the same level of care that you protect your
account information.
Examine
Your Statement
You
must promptly review your statement upon receipt. See In Case
of Errors or Questions About Your Electronic Transfers for
further information.
CNB-Online
Banking is an Internet-enabled service provided to our customers.
By using CNB-Online Banking with your personal Password and
Access ID, you can:
Make
account inquiries
Check
account balances
Transfer funds between your savings, checking and money
market account
Access your current account statement(s)
Download account history into personal financial management
software, such as Quicken® and Microsoft Money®
View your paid checks
Available
services may be added or cancelled at any time. We will update
this Agreement to notify you of the existence of new services.
By using these services when they become available, you agree
to be bound by the rules contained in this Agreement.
You
can use CNB-Online Banking seven days a week, 24 hours a day.
However, from time to time, some or all of the CNB-Online
Banking services may not be available due to system maintenance.
During such times, you may call our office during normal banking
hours at 949.474.1020 or visit our branches.
Limitations
on Funds Transfers from Money Market Checking and/or Savings
Accounts
Pursuant
to federal regulations, you are limited to the number of certain
transactions you can make on your Savings and/or Money Market
Checking Accounts.
For
Savings Accounts you may make no more than six (6) transfers
to another account or to a third party by pre-authorized,
online transfers, automatic transfers, telephone transfers,
fax requests, voice response requests, and ACH (Automated
Clearing House-electronic transactions) per month.
For
Money Market Checking Accounts you may make no more than six
(6) transfers to another account or to a third party by pre-authorized,
online transfers, automatic transfers, point of sale (POS),
telephone transfers, fax requests, voice response requests,
and ACH (Automated Clearing House-electronic transactions),
of which only three (3) may be checks, per statement cycle.
Online
transfers are transactions between accounts initiated through
CNB-Online Banking. Telephone transfers are transfers between
accounts initiated by a personal telephone call or by using
our Telephone Banking service. Preauthorized withdrawals are
transfers made according to a specific agreement between a
customer and us or another party. (Examples of preauthorized
withdrawals are regular electronic payments from savings made
to a third party, such as health clubs, insurance companies,
etc.) Check access refers to any checks you write on your
Money Market Checking account.
Disclosure
of Information to Third Parties
We
will disclose information about your account to third parties
only when one of the following conditions exist:
When necessary to complete a transaction requested by you.
In order to verify existence and status of your account(s),
such as for a retail merchant or credit reporting agency.
In order to comply with government agencies or court orders.
When an inquiry is made regarding whether your account has
sufficient funds to cover a check drawn on your account.
If you give us written permission.
We
may disclose information about your account to account verification
services, such as ChexSystems, Inc.® if we close your
account because of your unsatisfactory handling, fraud or
attempted fraud or criminal activity. Information we report
usually includes your name, address, Taxpayer Identification
Number (TIN), driver's license number and the date and reason
the account was closed. The account verification service may
supply this information to others. This may adversely impact
your ability to establish an account at another financial
institution for up to five years from the date of our report.
Information
concerning your account history with Commerce National Bank
will be shared within the Commerce National Bank organization.
Other information, including information you have given us
as part of an application for one of our products or services,
or information we have received from a credit bureau or other
third party, also may be shared with bank regulators and agents.
Documentation
You
will continue to receive your regular account statement either
monthly or quarterly, depending on the type of account. If
you currently receive a quarterly statement, when conducting
on-line transactions you agree that we may change your statement
to a monthly cycle to comply with Federal Regulations.
If
you have arranged to have direct deposits made to your account,
you can review your account history using CNB-Online Banking
or call us at 949.474.1020 during regular business hours to
find out whether or not the deposit has been made.
Preauthorized
Payments
If
you have told us in advance to make regular payments (preauthorized
payments) out of your account, you can stop any of these payments.
Here's how:
You
may notify us verbally during regular business hours at 949.474.1020,
or write to us at Commerce National Bank, 4040 MacArthur Blvd.
Suite 100, Newport Beach, CA 92660, at least three (3) business
days or more before the scheduled date of the transaction.
If you make a verbal request, we may require you to notify
us in writing within fourteen (14) days of the verbal notification.
(See your Personal Products and Schedule of Fees, prior receipt
of which you acknowledge, for stop payment charge).
Account
to Account Transfers
If
you have established two or more deposit accounts with CNB,
and use the online transfer feature provided as a convenience
to you, it is believed to be in good faith by an authorized
person.
A
transfer made in a session that ends before 5:00 P.M. from
any eligible account shall be made from collected funds and
shall be available for withdrawal from the account into which
the transfer is made as of the next banking day.
Our
Liability for Failure to Make Transfer
Commerce
National Bank agrees to make reasonable efforts to ensure
full performance of CNB-Online Banking. Commerce National
Bank will be responsible for acting only on those instructions
sent through CNB-Online Banking, which are actually received,
and cannot assume responsibility for malfunctions in communication
facilities not under our control, which may affect the accuracy
or timeliness of messages you send. Commerce National Bank
is not responsible for any losses incurred should you give
incorrect instructions, or if your transfer instructions are
not given sufficiently in advance to allow for timely processing.
Any
information you receive from Commerce National Bank or other
information providers is believed to be reliable. However,
it can only be provided on a best-efforts basis for your convenience
and is not guaranteed. Commerce National Bank is not liable
for any deficiencies in the accuracy, completeness, availability,
or timeliness of such information, or for any investment or
other decision made using this information.
Neither
Commerce National Bank nor other information providers are
responsible for any computer virus or related problems, which
may be attributable to services provided by your internet
access provider.
You
are responsible for obtaining, installing, maintaining, and
operating all computer hardware and software necessary for
performing CNB-Online Banking. Commerce National Bank will
not be responsible for any errors or failures from the malfunction
or failure of your hardware or software.
Except
as otherwise provided in the Commerce National Bank's Responsibility
section below, and in the absence of negligence on the part
of Commerce National Bank, neither Commerce National Bank,
any Other Information Provider, nor any Other Software Supplier
is responsible for any direct, indirect, special, incidental,
or consequential damages arising in any way out of the use
of CNB-Online Banking.
Commerce
National Bank's Responsibility
Commerce
National Bank will be responsible for your actual losses if
they were directly caused by our failure to:
Complete
an Electronic Funds Transfer as properly requested.
Cancel an Electronic Funds Transfer as properly requested.
However, we will not be responsible for your losses if:
Through
no fault of Commerce National Bank, you do not have enough
money in your account to make the transfer.
Through no fault of Commerce National Bank, the transaction
would have caused you to exceed your available credit.
Circumstances beyond our control (e.g., fire, flood, power
outage, equipment or technical failure or breakdown) prevent
the transfer, despite reasonable precautions that we have
taken.
There is a hold on your account, or if access to your account
is blocked in accordance with banking policy.
Your funds are subject to legal process or other encumbrance
restricting the transfer.
Your transfer authorization terminates by operation of law.
You believe someone has accessed your accounts without your
permission and you fail to notify us.
You have not properly followed the scheduling instructions
on how to make a transfer included in this Agreement.
We have received incomplete or inaccurate information from
you or a third party involving the account or transfer.
We believe that unauthorized use of your Password or Account
has occurred or may be occurring, or if you default under
this Agreement, the Deposit Account Agreement or any other
agreement with us, or if we or you terminate this Agreement.
There
may be other exceptions stated in this agreement and in other
agreements with you. In no event shall we be liable for damages
in excess of your actual loss due to our failure to complete
a transfer, and we will not be liable for any incidental or
consequential damages.
If
any of the circumstances listed above shall occur, we shall
assist you with reasonable efforts in taking appropriate corrective
action to reprocess the transactions that may not have been
completed or to correct incorrect transactions that have been
processed.
In
Case of Errors or Questions About Your Electronic Transfers
(Consumer/Personal Accounts Only)
In
case of errors or questions about your electronic funds transactions,
or if you think your statement or receipt is wrong or if you
need more information about an EFT listed on your account
statement or receipt, contact Commerce National Bank at 949.474.1020
or write to us at: Commerce National Bank, 4040 MacArthur
Blvd., Suite 100, Newport Beach, CA 92660, Attention: Operations.
We must hear from you no later than sixty (60) days after
we have sent the FIRST statement on which the problem or error
appeared. We will need you to provide to Commerce National
Bank the following information:
Your
name and your account number.
Describe the error or the EFT 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 tell you the results of our investigation within ten
(10) business days (twenty (20) business days if the account
is still in its new account period) after we hear from you
and will correct any error promptly. If we need more time,
we may take up to forty-five (45) days or ninety (90) days
if the account is still within its new account period, POS
or a foreign transaction to investigate your complaint or
question. If we decide to do this, we will credit your account
within ten (10) business days (twenty (20) business days if
the account is still within its new account period) for the
amount you think is in error, so that you will have the use
of the money during the time it takes us to complete our investigation.
If we ask you to put your complaint or question in writing
and we do not receive it within 10 business days, we may not
credit your account.
Regardless
of the outcome of our investigation, we will send you a written
explanation of our findings within three (3) business days
after we complete our investigation. That explanation will
include a notice of the date and the amount of the item in
question. If our investigation reveals that no error occurred
and we debit the provisional credit, we will continue to honor
any third party checks or pre-authorized transfers for a period
of five (5) business days to the extent that they would have
been paid if the provisional credit had not been debited.
We
will send you a written explanation within three (3) business
days following our decision, based on our investigation. You
may request copies of the documents that we used in our investigation.
Liability
for Unauthorized Use (Consumer/Personal Accounts Only)
If
you believe that your Password and/or Access ID (including
Visa Check card or PIN), has been lost, stolen or discovered
by an unauthorized person and you notify us within two (2)
business days of the loss or theft, you can lose no more than
$50. If you do NOT notify us within two (2) business days
after you learn of the loss or theft of your Password, Access
ID, Visa Check Card or PIN, and we can prove that we could
have prevented someone from accessing your accounts via one
of the above without your permission, you could lose as much
as $500.
Also,
if your statement reflects any EFT's that you did not make
or authorize, notify CNB AT ONCE. Failure to notify the Bank
within 60 days after the statement was mailed to you may result
in zero compensation for any losses you may sustain if Commerce
National Bank can prove that we could have prevented someone
from accessing your account(s) if you had notified us in time.
If a good reason (such as a long trip or hospital stay) prevented
you from notifying the Bank, we will extend the time periods.
If
you authorize someone else to use your Password, Access ID,
or PIN, you are responsible for all transactions, which that
person initiates at any time, even if the amount of the transaction
or number of transactions exceeds what you authorized.
You
agree that we may send notices and other communications to
the current address shown in our records, whether or not that
address includes a designation for delivery to the attention
of any particular individual. You further agree that Commerce
National Bank will not be responsible or liable to you in
any way if information is intercepted by an unauthorized person,
either in transit or at your place of business.
You
agree to:
Keep
your Password secure and strictly confidential, providing
it only to authorized signers on your account(s).
Instruct each person to whom you give your Password that
he or she is not to disclose it to any unauthorized person.
Immediately notify us and select a new Password if you believe
your Password may have become known to an unauthorized person.
THE
BANK WILL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSFER
MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED
US OF POSSIBLE UNAUTHORIZED USE AND WE HAVE HAD A REASONABLE
OPPORTUNITY TO ACT ON THAT NOTICE.
By
using the CNB-Online Banking, you acknowledge and agree that
this Agreement sets forth security procedures for electronic
banking transactions, which are commercially reasonable. You
agree to be bound by your instructions, which we implement
in compliance with these procedures, unless you have given
us prior notice of possible unauthorized use as described
above (and we had a reasonable opportunity to act on such
notice).
If
we fail or delay in making a transfer pursuant to your instructions,
or if we make a transfer in an erroneous amount which is less
than the amount per your instructions, unless otherwise required
by law, our liability shall be limited to interest on the
amount which we failed to transfer, calculated from the date
on which the transfer was to be received, until the date it
was actually made or you canceled the instructions.
If
we make a payment or transfer in an erroneous amount which
exceeds the amount per your instructions, or if we permit
an unauthorized transfer after we have had a reasonable time
to act on a notice from you of possible unauthorized use as
described above, unless otherwise required by law, our liability
will be limited to a refund of the amount erroneously transferred,
plus interest thereon from the date of the transfer to the
date of the refund, but in no event to exceed 60 days' interest.
If we become liable to you for interest compensation under
this Agreement or applicable law, such interest shall be calculated
based on the average federal funds rate at the Federal Reserve
Bank in the district where the Bank is headquartered for each
day interest is due, computed on the basis of a 360-day year.
UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK
BE LIABLE TO YOU FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS'
FEES, EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY
OF SUCH DAMAGES.
Under
the Bank Secrecy Act, the Bank is prohibited from transacting
business with persons or entities listed as "blocked"
by the Office of Foreign Assets Control (OFAC). The official
listing is published in the Federal Register and updated from
time to time. You agree not to transact business with persons
or entities blocked by OFAC.
There
are no fees or charges for accessing your account through
CNB-Online Banking. Other fees, as described in your Products
and Schedule of Fees disclosure (prior receipt of which you
acknowledge), may apply to services you order online.
In
addition to this Agreement, you agree to be bound by and will
comply with all terms and conditions applicable to each of
your accounts with Commerce National Bank, as described in
your Deposit Account Agreement and Disclosure Booklet (prior
receipt of which you acknowledge). Your use of the CNB-Online
Banking is your acknowledgment that you have received these
agreements and intend to be bound by them.
Severability
In
the event that any portion of this Agreement is held by a
court to be invalid or unenforceable for any reason, the remainder
of this Agreement shall not be invalid or unenforceable and
will continue in full force and effect. All headings are intended
for reference only and are not to be construed as part of
the Agreement.
Modifications
to This Agreement
Commerce
National Bank may modify the terms and conditions applicable
to CNB-Online Banking from time to time upon mailing or delivering
a notice of the modifications to you at the address shown
on your account records, and the revised terms and conditions
shall be effective at the earliest date allowed by applicable
law.
Right
to Terminate Agreement
Commerce
National Bank reserves the right to terminate this Agreement
and your access to CNB-Online Banking, in whole or in part,
at any time.
Inactivity
Status
If
you do not access CNB-Online Banking during any consecutive
one hundred eighty (180) day period your password will convert
to an inactive status. If your password becomes inactive,
you must contact us to have the password re-activated before
you will be able to access CNB-Online Banking or schedule
any transaction.
This
Agreement will remain in effect until you or Commerce National
Bank terminates it.
You
understand that you may cancel this Agreement at any time
by notifying Commerce National Bank electronically or by mail
at the address provided below. This will cancel CNB-Online
Banking, but will not terminate your accounts with Commerce
National Bank.
You
may notify Commerce National Bank by one of the following
methods:
By calling 949.474.1020, 9:00 A.M. to 4:00 P.M. Monday through
Thursday and 9:00 AM to 5:00 PM on Friday, except holidays.
By
writing a letter and taking it to one of our branch offices.
By
writing a letter and sending it to the following address:
Commerce
National Bank
Attention: Operations
4040 MacArthur Blvd., Suite 100
Newport Beach, CA 92660
Governing
Law
This
Agreement is governed by the laws of the State of California,
bank regulations, and applicable federal laws.
CNB
Liability
Except
as specifically provided in this Agreement or where the law
requires a different standard, you agree that neither we nor
the service providers shall be responsible for any loss, property
damage or bodily injury, whether caused by the equipment,
software, Commerce National Bank, or by Internet browser providers
such as Netscape (Netscape Navigator browser) and Microsoft
(Microsoft Explorer browser), or by Internet access providers
or by online service providers or by an agent or subcontractor
of any of the foregoing. Nor shall we or the service providers
be responsible for any direct, indirect, special, or consequential
economic or other damages arising in any way out of the installation,
download, use, or maintenance of the equipment, software,
CNB-Online Banking, or Internet browser or access software.
We
invite you to print a copy of this CNB-Online Banking Disclosure
and Agreement and retain it for your records. You may also
request a copy of this Agreement be mailed to you. To do so,
email us at: information@commercenatbank.com or call us at
949.474.1020.
