GENERAL ONLINE BANKING TERMS AND CONDITIONS

(Effective 9/16/2020)

Welcome to Central Valley Community Bank’s Online Banking Service.  Your enrollment in  the Bank’s Online Banking Service constitutes your agreement with the terms and conditions of your deposit agreements and disclosures for each Account with us as well as your other agreements with us, such as loans, continue to apply notwithstanding anything to the contrary in the Agreement. The Agreement supplements any other agreements in place. In the event of an inconsistency between the Agreement and any subsequent Agreements, provisions and conditions contained in the Agreement shall govern and control.

1. Definitions. For purposes of these Terms and Conditions, the following terms shall have the definitions assigned to them. To the extent there is conflict with a term below and a term pertaining to a specific Service, the definition in the specific Service shall control.

  1. "Account" shall mean any Account (including checking, money market, savings, or loan) maintained by us which is enrolled in Online Banking and Mobile
  2. “Account Owner” shall mean a natural person who, during their lifetime, (i) (a) maintains an equal or greater equity interest in the Account or (b) is provided by Account Owner the authority to act on behalf of the Account Owner as it relates to Service(s) offered by us and (ii) maintains access to Personal Account and the ownership of funds in Personal Account.
  3. “Agreement” shall mean this Personal Online Banking Agreement and any other related documents provided by us. It governs the use of Online Banking and Mobile
  4. “App” or “Apps” shall mean Application.
  5. “Available Balance” shall mean the amount of funds that are available to you to withdraw or transfer to other
  6. “Bank” shall mean Central Valley Community Bank.
  7. "Business Days" shall mean Monday through Friday, excluding Federal holidays.
  8. “Calendar Day” shall mean a 24-hour period, from midnight to midnight, including Saturday and Sunday and Federal Reserve holidays.
  9. “Cutoff time” shall mean 7:00 p.m. Pacific Standard Time unless otherwise indicated on statements, notices or payments made in Online Banking for bill pay.
  10. “Designated Service Provider” shall mean a third party where we have an agreement in place to offer a specific Service via a Third-Party Site.
  11. “Entity” or “Entities” shall mean companies related by common ownership or control.
  12. “Individual” shall mean you, or any person granted access to any Services.
  13. “Login Credentials” shall mean any combination of information used to gain access to the System. This includes usernames, access IDs, passwords, and token personal identification number generators provide by us or established by you through the System.
  14. “Mobile Banking” or “Mobile Banking Services” or “Mobile Services” shall mean Text Banking, Central Valley Community Bank Mobile App, and Mobile Browser Banking, if available.
  15. “Mobile Browser Banking” shall mean the access to Online Banking using a mobile browser.
  16. “Mobile Device” is a small, handheld computing device usually outfitted with a display screen and input method (either touchscreen or miniature keyboard). Many portable Mobile Devices have operating systems that can run Applications.
  17. “Online Banking” shall mean Personal Online Banking and Bill Pay, including Popmoney® Personal Payments Service and Account to Account Transfer Service that you access over the Internet by use of a personal computer and modem and/or other means we authorize or allow.
  18. “Paperless Statements” shall mean Periodic Statements which are available only electronically.
  19. “Periodic Statements” shall mean any statement produced at a designated interval, such as daily, weekly, monthly, quarterly, or semi-annual.
  20. “Personal Account” shall mean an account owned by an Account Owner that (i) is not used primarily for business or agricultural purposes and (ii) is enrolled in Online Banking and Mobile Services.
  21. "Recipient Account" shall mean account to which your funds will be credited.
  22. “Secure Access Code” shall mean a 6-digit Secure Access Code that is delivered to a registered email address or phone number. Once the code is retrieved from the registered contact point, Individual must enter the code to be granted access to Accounts Secure Access Codes are valid for 10 minutes.  If you are unable to enter the Secure Access Code within 10 minutes, a new one may be generated up to two more times.  Secure Access Codes will come from 86434 or notifications@cvcb.com or 800.298.1775.
  23. "Sender" shall mean the Transaction Account holder initiating a transfer through the Service.
  24. “Service(s)” shall mean any features of Online Banking made available to you through the Agreement.
  25. “Service Provider” shall mean companies that we have engaged to render some or all of the Service to you on our behalf.
  26. "Site" shall mean the Online Banking website through which the Service is offered.
  27. “System” shall mean our electronic or other system required to allow you to utilize each individual Service.
  28. “System Maintenance” shall mean periods of time where one or more of our Systems has routine or scheduled updates performed.
  29. “Third-Party Site” shall mean any site we own and controls, or site where we have an agreement with a Designated Service Provider in order to offer a specific Service.
  30. “Third Party Aggregation Service(s)” shall mean any software solution offered outside of our or Designated Service Providers’ Services that consolidates all Account information for viewing in one location.
  31. “Text Banking" shall mean Short Message Service (or “SMS”) in which you can text us and we will text you back with your request account information.
  32. “Transaction Account" shall mean the Account from which your funds will be debited, your A2A Service fees will be automatically debited, or to which funds will be returned.
  33. "Transfer Instruction" shall mean the information provided by you to the Service for a transfer of funds to a Recipient Account.
  34. "You", “you”, “Your”, "your", “Yours”, and "yours" shall mean the person(s) enrolled in, and authorized to, use any Electronic Services as set forth under the Agreement.
  35. "We", “we”, “Our”, "our," “Ours”, “Our”, “Us”, and "us" shall mean Central Valley Community Bank.
2. Services. We may provide Services that are not specifically included in the Services section of the Agreement. By accepting and using any such Service, you agree that the Service will be governed by the Agreement and any other conditions communicated to you by us. If not then currently available, these Terms and Conditions will apply to the specific Services once the Services are available and used by you.
 
3. Other Agreements. The terms and conditions of your deposit agreements and disclosures for each Account with us as well as your other agreements with us, such as loans, continue to apply notwithstanding anything to the contrary in the Agreement.  The Agreement supplements any other agreements in place in the event of an inconsistency between the Agreement and any subsequent Agreements, provisions and conditions contained in the Agreement shall govern and control.
 
4. Alterations and Amendments. The terms of the Agreement, applicable fees, and service charges may be altered or amended by us from time to time. In such event, we shall send notice to you in any form permitted by law, including through electronic means, to your address or location, as it appears in our records. The continuation of any Services after we send you such notice will constitute your agreement to such change(s). Further, we may, from time to time, revise or update our program, Services, and/or related material(s) rendering such prior versions obsolete. Consequently, we reserve the right to terminate the Agreement as to all such prior versions of our programs, Services, and/or related material(s) and limit access to more recent versions and updates, subject to applicable terms and conditions.
 
5. Address Changes. You agree to promptly notify us, orally or in writing, of any address change that impacts Personal Account(s) or your use of any Services.
 
6. Termination or Discontinuation. We have the right to terminate the Agreement or any portion of the Services provided herein, at any time, at our sole discretion. However, any banking transactions or payments you have previously authorized will be completed as instructed. Neither termination nor discontinuation shall affect your liability or obligation under the Agreement.
 
7. Disputes. In the event of a dispute regarding the Services, you agree to resolve the dispute by looking to the Agreement. In case of errors or questions about your transactions, you should notify us as soon as possible orally by phone at 800. 298.1775 or 559.298.1775. or in writing at Central Valley Community Bank, Customer Service, 7100 N. Financial Drive, Suite 101, Fresno, CA 93720.
 
8. Assignment. You may not assign the Agreement to any other party. We may assign the Agreement to any present or future, directly or indirectly, affiliated company. We may also assign or delegate its rights and responsibilities under the Agreement to independent contractors or other third parties. We may, at any time, in whole or in part, delegate any of its functions hereunder to any affiliate, purchaser, successor, or subcontractor.
 
9. Security. We advise you not to give or make available your Login Credentials to anyone. You acknowledge that your Login Credentials are authentication tools or methods used by us to verify your identity and we may require you to use additional authentication tools or methods at any time and from time to time. You further agree that if you do not use our additional authentication tools, if and when they become available, your access and use of Online Banking and Mobile Services may be limited or terminated. If you have given someone else your Login Credentials or other means of access and want to terminate that authority, you must change your Login Credentials or other means of access or take additional steps to prevent further access,
 
10. Third Party Aggregation Services. Some third-parties offer aggregation services that allow you to consolidate Account information from different sources so that all Accounts can be viewed at one online or mobile location. These third parties may require you to provide personal identification information including specific Account information or Login Credentials. By providing this information to an aggregation service, you authorize the Third-Party Aggregation Service to access Accounts, and to initiate money movement to or from Accounts.
  1. Any use of a Third-Party Aggregation Service is at your own risk. You are responsible for the use of Accounts, or the disclosure of any personal identification information to, or by, the third party. To revoke access provided to a Third-Party Aggregation Service, you agree to contact us and request new Login Credentials.
  2. All matters concerning Third Party Aggregation Services’ websites are solely between you and the Third-Party Aggregation Service. We make no warranties or representations with regard to any Third-Party Aggregation Services’ website.
11. Force Majeure. Without limiting the foregoing, we shall not be liable for and shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communications facilities, equipment failure, war, acts of terror, emergency conditions or other conditions beyond our control, conditions including but not limited to a blizzard, flood, tornado or any other adverse weather conditions.
 
12. Our Liability. In the performance of the Services required by the Agreement, we shall be entitled to rely solely on the information; representations and warranties provided by you pursuant to the Agreement and shall not be responsible for the accuracy or completeness of such information. Except as otherwise specifically provided by law, we shall be responsible only for performing the Services expressly provided for in the Agreement and shall be liable only in the event of loss due to its gross negligence or willful misconduct in performing those Services. In no event shall we have any liability for any consequential, special, incidental, punitive or indirect damages you may incur or suffer in connection with the Agreement whether or not the likelihood of such damages was known or contemplated by us and regardless of the legal or equitable theory of liability you may assert.
1. If, for any reason, we are adjudged liable to you, it shall only be to the extent that the amount of the damages resulting from such liability arise out of our gross negligence or willful misconduct and, in such cases, damages will be limited to the amount of the aggregate monthly fees and charges paid by you for the Services for the immediate three (3) month period prior to the event giving rise to your claim. In no event shall we be liable for consequential damages, exemplary damages or lost profits, even if you advise us of the possibility of such damages. The provisions of this section shall survive the termination of the Agreement.
2. Without limiting the generality of the foregoing, we will not be liable to you in the following situations:
a. If through no fault of ours, you do not have enough available money in Account from which a payment or transaction is to be made, or if Account has been closed or is not in good standing, or if we reversed a payment or transaction because of insufficient funds, or if any payment or transaction would go over the credit limit of any Account;
b. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction;
c. If you have not given us complete, correct or current Account numbers or other identifying information so that we can properly credit Account or otherwise complete the transaction, or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware;
d. If you do not instruct us soon enough for your payment or transaction to be received and credited by the time its due;
e. If the money in Account from which a payment or transaction is to be made is subject to legal process or other claims restrict the transaction, or if circumstances or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken;
f. If you have an overdraft line and the transfer would go over the credit limit;
g. If we have a hold on Account;
h. If Account is closed or has been frozen;
i. If you or anyone authorized by you commits any fraud or violates any law or regulation;
j. If we have a reasonable basis for believing an unauthorized use of your Security Devices has occurred or may be occurring;
k. If you are in default under the Agreement or if we or you terminate the Agreement; and,
l. If the failure was caused by a fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized.
 

For incidental or consequential damages, the above listing is not meant to be exhaustive.

12. Electronic Mail. Email to us is not a secure method of communication and we recommend you do not send information by email. We may disregard Email we receive from you. You should not include confidential information, such as account numbers and balances in any emails to us. You cannot use email to initiate transactions via Mobile Services. All such transactions must be initiated using the appropriate features. We will not be liable for any errors, omissions, claims or problems of any kind involving your sene.

13. Technical Support and Training. From time-to-time, and depending on Services that you may use, you may request us to provide technical support or additional training. This technical support or training may be provided via telephone or on- site.

1. You agree that you have permission to receive technical support or training,

You are responsible and liable for the following:

a. Ensuring that you are accessing a computer that you have permission to;

b. Confidentiality and the securing of your data, software, and hardware.

  1. You agree that we are not responsible or liable for the following:
a. Access by third parties, with or without your authorization, to your data, software, or hardware, and,
b. Exploitations of security gaps, weaknesses, or flaws (whether known or unknown) that may exist in the equipment used to provide technical support or training.
 
14. 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 us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any one (1) occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
 
15. Severability. Wherever possible, each provision of the Agreement shall be interpreted in a manner which makes the provision effective and valid under applicable law. If applicable law prohibits or invalidates any part or provision of the Agreement, that particular part or provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement.
 
16. Captions. The captions on sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of the Agreement.
 
17. Governing Law. Any dispute concerning us and you, arising out of, connected with, related to, or incidental to the relationship established between them in connection with the Agreement, and whether arising in contract, tort, equity or otherwise, shall be resolved in accordance with the internal laws and not the conflicts of law provisions of the State of California.

 

 

PERSONAL ONLINE BANKING SERVICE

If you are enrolled in our Personal Online Banking Service (‘online banking’), this section states the terms and conditions that apply. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the Services covered by the Agreement. Online Banking allows you to make payment, transfer funds, access Accounts, obtain information and perform other transactions.

1. Definitions.

  1. “Point-of-Sale Website” shall mean the combination of hardware and software built to centralize business operations for a Third-Party Vendor with whom you or an Individual has chosen to transact a monetary exchange for goods or services.
  2. “Third-Party Vendor” shall mean anyone who provides goods or services to you or Individual
 
2. Online Account Owner Information. You must be the owner of the Account. You may not designate any Account that requires more than one (1) signature for withdrawals.
 
3. Online Banking Transactions. You, or someone you have authorized by giving them your Online Banking ID and password or other means of access (even if that person exceeds your authority), can instruct us to perform the following transactions:
  1. Make transfers between Accounts to the extent authorized;
  2. Obtain information that we make available about Accounts; and,
  3. Obtain other Services or perform other transactions that we authorize.
4. Limits on Online Banking Transactions.
  1. Transfers initiated prior to the Cutoff time on a Business Day will be posted to the Receiving Account the same day. All transfers completed after the Cutoff time or on a non-Business Day or holiday, will be posted the following Business Day.
  2. You assume responsibility for verifying availability of funds at the time of the payment or fund transfer order. You must have enough money or credit in the Account from which you instruct us to make a payment or transfer.
  3. Transfers from a savings Account by preauthorized, automatic, check, telephone or computer transfer area unlimited. You will not be charged nor will we close your account for excessive transactions.
  4. If more than one transfer is made at or about the same time and the available funds in the applicable Account do not cover all of such fund transfer orders, we, at our option may execute as many of such fund transfer orders as possible within the dollar limits of such available funds, in any order convenient to us and in our sole discretion.
5. Access to Personal Lines of Credit (PLOC):

You can use the Online Banking service to make credit advances from your PLOC to your designated checking account (the Community Credit Line Checking Account, the Executive Credit Line Checking Account or similar personal line of credit checking account, collectively PLOC Checking Account) with the Bank, which would include any joint account you hold with a third party who is not a party to the PLOC .  You agree that each person who accesses the Service to make advances to a PLOC Checking Account is an “Authorized Signer,” as that term is defined in the applicable PLOC agreement and disclosure (the PLOC Agreement).  You can make credit advances using the Online Banking service subject to the PLOC Agreement and the following conditions:

  • The advance will not cause your PLOC balance to exceed your Credit Limit, as defined in the PLOC Agreement.
  • The terms of your existing PLOC Agreement currently allow you to make credit advances: (i) by telephone request; (ii) by requesting a credit advance in person; or (iii) because you have insufficient funds in your designated checking account with us in excess of the available collected balance in the account.
  • You are not in default under the terms of the PLOC Agreement.
  • Your PLOC is not secured by inventory or accounts receivable – that is, an “asset-based” line of credit.

 

There is no fee for using the Online Banking service to make advances from your PLOC to your PLOC Checking Account.  You may be assessed other fees (e.g., annual, transaction or penalty fees) based on the terms of your PLOC Agreement.

You agree that we have the right to suspend automatic advances from your PLOC made through the Service to your designated PLOC Checking Account if your PLOC is nearing 30 days past due.  Neither termination nor suspension will affect your liability or obligations under the PLOC Agreement.

We also may suspend PLOC advances made through the Online Banking service if you are in default under the terms of the PLOC Agreement or if we detect or suspect fraud or other unauthorized activity has occurred on any of your accounts or the PLOC.

By accessing the PLOC under this section, you acknowledge that such access constitutes a separate signature authorization for the applicable PLOC Checking Account.

6. Access to Home Equity Line of Credit (HELOC). You can use the Online Banking service to make credit advances from your HELOC to your designated checking account (the Equity Line Checking Account) with the Bank, which would include any joint account you hold with a third party who is not a party to the HELOC.  You agree that each person who accesses the Service to made advances to the Equity Line Checking Account is an “Authorized Signer,” as that term is defined in the Home Equity Line of Credit Agreement and Disclosure (the HELOC Agreement).  You can made credit advances using the Online Banking service subject to the HELOC Agreement and the following conditions:

  • The advance will not cause your HELOC balance to exceed your Credit Limit, as defined in the HELOC Agreement.
  • The terms of your existing HELOC Agreement currently allow you to make credit advances: (i) by telephone request; (ii) by requesting a credit advance in person; (iii) because you have insufficient funds in your designated checking with us in excess of the available collected balance in the account.
  • You are not in default under the terms of the HELOC Agreement.

 

There is no fee for using the Online Banking service to make advances from your HELOC to your Equity Line Checking Account.  You may be assessed other fees (e.g., annual, transaction or penalty fees) based on the terms of your HELOC Agreement.

 

You agree that we have the right to suspend automatic advances from HELOC made through the Service to your designated Equity Line Checking Account if your HELOC is nearing 30 days past due.  Neither termination nor suspension will affect your liability or obligations under the HELOC Agreement.

 

We also may suspend HELOC advances made through the Online Banking service if you are in default under the terms of the HELOC Agreement or if we detect or suspect fraud or other unauthorized activity has occurred on any of your accounts or the HELOC.

 

By accessing the HELOC under this section, you acknowledge that such access constitutes a separate signature authorization from the Equity Line Checking Account.

 

7. Our Liability for Failure to Complete Payments or Transfer. If we do not complete a payment or transfer 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 exceptions. We will not be liable, for:

  1. If, through no fault of ours, you do not have enough available money in the Account from which a payment or transfer is to be made, or if the Account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any Account;
  2. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction;
  3. If you have not given us complete, correct or current Account numbers or other identifying information so that we can properly credit your Account or otherwise complete the transaction or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information, or fail to correct or tell us about any inaccuracy of which you are aware;
  4. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due;
  5. If the money in Account from which a payment or transfer is to be made is subject to legal process or if other claims restrict the transaction, or if circumstance or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken;
  6. If the failure was caused by fire or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized; and,
  7. For incidental or consequential damages.
8. Your Liability and Indemnity. You warrant that you will perform your obligations under the Agreement consistent with all applicable bank rules and regulations and that all information that you provide us is accurate, timely, and has been authorized by you and in the event that you breach any of the foregoing warranties, you agree to indemnify us against any loss, liability and expense. You agree to hold us harmless for any and all acts of any employees or persons who you grant access to or who gain access your Online Banking Account. You consent, by execution of the Agreement, to disclosure of your customer information to those that gain access to Accounts.’
 
9. Availability. Bank agrees to make any of the Services which are accessed through Online Banking or Mobile Banking, available, other than when System Maintenance is being performed. However, transactions are processed and information is updated only on Business Days. Transfers made after the Cutoff time will be processed on the next Business Day.
 
10. Periodic Statements. If Account Owner has not elected to receive Paperless Statements, a Periodic Statement will be issued by us to Account Owner which reflects credits and debits to the You agree to notify us promptly if you change your address or if you believe there are any errors or unauthorized transactions on any Periodic Statement you receive.
 
11. Paperless Statements. Copies of your Periodic Statements are available through Online Banking. You may choose to discontinue receiving paper statements through U.S. Mail upon request at any time by updating your setting through Online Banking. If you choose to discontinue receiving paper statements, you can revoke your previous request at any time with no fee, by logging into Online Banking or by calling us at 800.298 1775 or 559 298 1775 or writing to us at: Central Valley Community Bank, 7100 N. Financial Drive, Suite 101, Fresno, CA  93720.
 
  1. You must have access to a computer which is able to comply with and adhere to the software and hardware requirements to enable the electronic delivery of Periodic Statements as well as your access to the statements, which includes having appropriate App or browser software, such as Microsoft Windows 10 or Mac OS X 10.10 or later, Google Chrome, Mozilla Firefox, Microsoft Edge for Windows, and Safar for macOS, or equivalent software and communications access to the Internet. The most recent version of Adobe Reader is recommended.  You agree that you are able to meet such software and hardware requirements.
  2. Documents may be in Portable Document Format (PDF). In order to view, download, and print a PDF document, you must have Adobe Acrobat Reader software or another PDF Viewer. You can download Adobe Acrobat Reader at no charge from Adobe’s
  3. We may change the hardware and software required at any time with ten (10) Calendar Days advance notice to you via email. If you choose not to obtain the new hardware or software, you may withdraw your consent for Paperless Statements and Periodic Statements will then be delivered by U.S. Mail. No fees or charges will be incurred for such withdrawal. You will remain liable for any other fees disclosed.
  4. At any time, you may request a paper copy of your Periodic Statement and we will provide it to you. You can make this request (a) in Online Banking (b) by calling us at 800 298 1775 or 559 298 1775; or (c) by writing to us at Central Valley Community Bank, 7100 N. Financial Drive Ste. 101, Fresno, CA  93720. We reserve the right to charge you our then-standard additional statement fee for completing such request. These fees are listed in our fee schedule. We reserve the right to change our fee schedule from time to time.
12. Charges for Transactions. You agree to be charged for any applicable Online Banking fees as listed in our fee schedule. We reserve the right to change our fee schedule from time to time and your Account will be charged in accordance with the new fee schedule after giving you proper notification. 
 

13. Unauthorized Transactions or Loss or Theft of your Login Credentials. If you believe your Login Credentials have been lost or stolen, or that someone has used them without your authorization, call us or visit a banking center.

  1. If you notify us of a loss, your liability for unauthorized transactions or payments will be as follows:
    1. If you contact us within two (2) Business Days after learning of the loss or the theft of your Login Credentials, you can lose no more than $50.00 if someone used your Login Credentials without your permission;
    2. If you do not contact us within two (2) Business Days after you learn of the loss or theft of Login Credentials and we can prove that we could have prevented the loss if you had told us earlier, you could lose as much as $500.00;
  2. Should your Periodic Statement(s) for Personal Accounts show transfers or payments that you did not make, including those through Online Banking, notify us immediately. If you do not tell us within sixty (60) Calendar Days after the Periodic Statement for Personal Account was mailed, you may not get back any of the money lost after the sixty (60) Calendar Days if we can prove we would have prevented those losses had you notified us earlier; and,
  3. If you have given someone else your Login Credentials and want to terminate that person’s authority, you must change your Login Credentials to prevent further access by such

14.  Unauthorized Transactions and Notice of Errors (Applicable to Personal Accounts only).

  1. In case of errors or questions about your Electronic Transfers or if you think your Periodic Statement is wrong or if you need more information about a transfer listed on the Periodic Statement, telephone us at 800.298.1775 or 559.298.1775 or write: Central Valley Community Bank, 7100 N. Financial Drive, Suite 101, Fresno, CA 93720, as soon as you can. We must be notified by you no later than sixty (60) Calendar Days after we sent the first (1st) statement on which the problem or error appeared.
  2. You will need to tell us:
    1. Your name and Account number;
    2. Describe the error or transfer in question and explain, as clearly as you can, why you believe it is an error or why you need more information; and,
    3. The dollar amount of the suspected error and approximately when the error too place.
  3. If you tell us orally, we may require that you send your complaint or question in writing to us within ten (10) Business Days.
  4. 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 (ninety (90) days for errors or questions involving a transaction initiated outside of the United States or at a point-of-sale terminal or for new Accounts) to investigate your complaint or question. If we decide to investigate your complaint or question, 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 complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Account.
  5. We will tell you the results within three (3) 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 The Service may revoke any provisional credit provided to you if we find an error did not occur.

BILL PAYMENT - GENERAL TERM AND CONDITIONS

These terms and conditions for our Bill Payment Service (‘the Service’) are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by the Agreement.

1. 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. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Service to you, we are the sole party liable to you for any payments or transfers conducted using the Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Service. 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 end of the General Terms. Other defined terms are also present at the end of each set of Terms that follow after the General Terms, as applicable.

2. 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 or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance 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, updates, upgrades or enhancements.
 
3. 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 recipients to whom you send payments).
 
4. Assignment. You may not transfer or assign any rights or obligations you have under the Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign the Agreement or any right or obligation under the Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under the Agreement to independent contractors or other third-parties.
 
5. 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 Central Valley Community Bank, Attn:  Customer Support; 7100 N. Financial Drive, Suite 101, Fresno, CA 93720. We may also be reached at 559.298.1775 or 800.298.1775 during customer service hours for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under the Agreement.
 
6. Notices to You. You agree that we may provide notice to you by posting it on the   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 Instructions, alerts for validation and notices of receipt of payments) 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 6 of the General Terms above. . We reserve the right to terminate your use of the Service if you withdraw your consent to receive electronic communications.

 

7. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular mobile telephone number and/or email address), you consent to receiving calls from us and our Service Providers at that number INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM ("ATDS"), and/or emails from us for our everyday business purposes (including identity verification). You acknowledge and agree that such telephone calls include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an ATDS from us or our affiliates and agents. Please review our Privacy Policy for more information.

 

8. 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 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. 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.

 

11. 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 unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor.  By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.

 

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

  1. Payments to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
  2. Payments that violate any law, statute, ordinance or regulation; and
  3. Payments that violate the Acceptable Use terms in Section 14 of the General Terms below; and
  4. 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,
  5. 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, sell to, or solicit others; or (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
  6. 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 dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
  7. 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:
  8. 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
  9. Tax payments and court ordered payments.

Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited payments. We encourage you to provide notice to us by the methods described in Section 6 of the General Terms above of any violations of the General Terms or the Agreement generally

13. 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 paragraph 7 above of any violations of this section or the Agreement generally.

 

14. Payment Methods and Amounts. There are limits on the amount of money you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.

 

15. 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.

 

16. 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

 

17. Failed or Returned Payment Instructions. In using the Service, you are  requesting that we or our Service Provider attempt to make payments for you from your Eligible Transaction Account.  If the Payment Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the payment), the Payment Instruction may or may not be In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Payment Instruction. In some instances, you will receive a return notice from us or our Service Provider.  In each such case, you agree that

  1. You will reimburse our Service Provider immediately upon demand the amount of the Payment Instruction if the payment has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed.
  2. You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the payment Instruction 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 payment, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit
  3. Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
18. 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.  Depending on the Service, changes may be able to be made within the user interface of the Service or by contacting Customer Service for the service set forth in Section 7 of the General Terms 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.
 
19. Information Authorization. Your enrollment in the applicable Service may not be fulfilled if we cannot verify your identity or other necessary information.  Through your enrollment in or use of each Service, you agree that we reserve the right to request a review of your credit rating at our own expense through an authorized In addition, and in accordance with our Privacy Policy, 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, or 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 Service in statistical form for pattern recognition, modeling, enhancement and improvement, system analysis and to analyze the performance of the Service. The following provisions in this Section apply to certain Services:
  1. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud, avoidance and other uses in support of transactions for the duration of your business relationship with us.  This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
  2. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third-party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity.  Such information may be used by us and our third-party service providers to provide similar fraud management and prevention services for services or Websites not provided by us.  We will not share with service providers any information that personally identifies the user of the applicable device.
20. Service Termination, Cancellation, or Suspension. If you wish to cancel the Service, you may contact us as set forth in Section 7 of the General Terms above.  Any payment(s) that have begun processing before the requested cancellation date will be processed by us.  You agree that we may terminate or suspend your use of the Service at any time and for any reason or no reason.  Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
 

21.      Errors, Questions, and Complaints.

  1. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in paragraph 7
  2. 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:
    1. Tell us your name;
    2. 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
  1. 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
  1. Intellectual Property. 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.
  2. 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.
  3. 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 of the General Terms above. See also Section 16 of the General Terms above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.

 

  1. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized 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 Sit e and/or use of the Service for any reason or no reason and at any time. The remedies contained in this Section of the General Terms are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.

 

  1. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the disputes by looking to the Agreement.
  2. No Jury Trial. To the extent allowed by law, if a dispute arises between you and us regarding this Agreement or any service contemplated hereunder, the parties each waive any right they may have to request a jury trial. 
  3. Judicial Reference. WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES’ AGREEMENT TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, the parties hereto agree that any and all disputes or controversies of any nature between them arising at any time shall be decided by a reference to a private judge, mutually selected by the parties (or, if they cannot agree, by the Presiding Judge of Fresno County, California Superior Court) appointed in accordance with California Code of Civil Procedure Section 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts), sitting without a jury, in Fresno County , California; and the parties hereby submit to the jurisdiction of such court.  The referenced proceedings shall be conducted pursuant to and in accordance with the provisions of California Code of Civil Procedures Section 638 through 645.1 inclusive.  The private judge shall have the power, among others, to grant provisional relief, including without limitation, entering temporary restraining orders, issuing preliminary and permanent injunctions and appointing receivers.  All such proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed.  If during the course of any dispute, a party desires to seek provisional relief, but a judge has not been appointed at that point pursuant to the judicial reference procedures, then such party may apply to the Fresno County,  California Superior Court for such relief.  The proceeding before the private judge shall be conducted in the same manner as it would be before a court under the rules of evidence applicable to judicial proceeding.  The parties shall be entitled to discovery, which shall be conducted in the same manner as it would be before a court under the rules of discovery applicable to judicial proceedings.  The private judge shall oversee discovery and may enforce all discovery rules and orders applicable to judicial proceeding in the same manner as a trial court judge.  The parties agree that the selected or appointed private judge shall have the power to decide all issues in the action or proceeding, whether of fact or of law, and shall report a statement of decision thereon pursuant to the California Code of Civil Procedure Section 644(a).  The decision of the private judge shall then be appealable as if made by the court.  The private judge shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph.  If you and Bank do not agree on how the payment of the private judge’s fees and expenses will be shared, the court may apportion such fees and expenses between the parties in a fair and reasonable manner that is consistent with the Code of Civil Procedure Section 645.1.  No provision of this section shall limit the right of any party to exercise self-help remedies, to foreclose against or sell any real or personal property collateral or to obtain provisional or ancillary remedies, such as injunctive relief or appointment of a receiver, from a court of competent jurisdiction before, after or during the pendency of any reference proceeding.  The exercise of a remedy does not waive the right of either party to resort to reference pursuant to the Agreement.  Both provisions assume the following terms are defined in the agreement, accordingly:  Agreement; Bank; ‘you’; ‘your’; ‘us’; ‘we’ and ‘our’.
  4. Law and Forum for 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 law 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 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 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.
  5. 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 applicable Service.
  6. 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 any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, 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.
  7. No Waiver. We shall not be deemed to have waived any 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.
  8. 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.

 

 

  1. 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 INTERNET DISRUPTION 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, PUNITIVE 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 28 AND 29 OF THE GENERAL TERMS 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.
  2. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Service and the portion of the Site through which the Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. 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 in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 2, 5-7, 11, 17, 18, 23, and 26-35 of the General Terms, as well as any other terms which by their nature should survive, will survive the termination 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 the Agreement will prevail.

36.      Definitions.

  1. “ACH Network” means the funds transfer system, governed by the NACHA Rules that provide funds transfer services to participating financial institutions.
  2. “Affiliates” are companies related by common ownership or control.
  3. “Business Day” is every Money through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
  4. "Eligible Transaction Account" is a transaction account from which your payments will be debited, your Service fees, if any, will be automatically debited, or to which payments and credits to you will be credited, that is eligible for the Service. Depending on the Service, an Eligible Transaction Account may include a checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information.
  1. “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).
  2. “Payment Network” means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
  3. “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our behalf.

 

BILL PAYMENT SERVICE - ADDITIONAL TERMS

 

  1. Description of Service. The Term “Bill Payment Terms” means these Bill Payment Service Additional Terms.  The bill payment service (for purposes of these Bill Payment Terms, and the General Terms as they apply to these Bill Payment Terms, (the “Service”) enables you to receive, view, and pay bills from the Site.

 

  1. Payment Scheduling. The earliest possible Scheduled Payment Date for each Biller will be designated within the portion of the Site through which the Service is offered when you are scheduling the payment. Therefore, the Service 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. Depending on the method of payment, your Eligible Transaction Account may be debited prior to the Scheduled Payment Date. For example, if the selected method of payment is a draft check drawn on your account, the draft check arrives earlier than the Scheduled Payment Date due to expedited delivery by the postal service, and the Biller immediately deposits the draft check, your Eligible Transaction Account may be debited earlier than the Scheduled Payment Date.
  2. 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 Section 2 of the Bill Payment Terms (Payment Scheduling).
  3. 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 Site. 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 Eligible Transaction 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 Eligible Transaction 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 attempt to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee (as described in Section 3 of the Bill Payment Terms) 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:

  1. If, through no fault of the Service, your Eligible Transaction Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
  2. 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;
  3. You have not provided the Service with the correct Eligible Transaction Account information, or the correct name, address, phone number, or account information for the Biller; and/or,
  4. Circumstances beyond control of the Service (such as, but not limited to, fire, flood, or interference from an
  5. 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 Eligible Transaction Account or causes funds from your Eligible Transaction 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 Eligible Transaction Account, and for directing to the proper Biller any previously misdirected transactions, and, if applicable, for any late payment related charges.

  1. Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the portion of the Site through which the Service is offered. 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.
  2. 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 care for the Service in the manner set forth in Section 22 of the General Terms above. Although the Service will attempt 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.
  3. Exception Payments Requests. Exception Payments may be scheduled through the Service; however, Exception Payments are discouraged and must be scheduled at your own risk. Except as required by applicable law, in no event shall the Service be liable for any claims or damages resulting from your scheduling of Exception Payments. The Service Guarantee (as described in Section 3 of the Bill Payment Terms) does not apply to Exception Payments.

 

  1. Bill Delivery and Presentment. The Service includes a feature  that electronically presents you with electronic bills from select Billers. Electronic bills may not be available from all of your Electronic bills are provided as a convenience only, and you remain solely responsible for contacting your Billers directly if you do not receive their statements. In addition, if you elect to activate one of the Service's electronic bill options, you also agree to the following:
    1. Presentation of electronic bills – You will receive electronic bills from a Biller only if both: (a) you have designated it in the Service as one of your Billers, and (b) the Biller has arranged with our Service Provider to deliver electronic bills.  The Service may then present you with electronic bills from that Biller if either:  (1) you affirmatively elect online within the Service to receive electronic bills from the Biller, or (2) the Biller chooses to send you electronic bills on a temporary “trial basis.” In either case, you can elect online within the Service to stop receiving electronic bills from a Biller. Electing to receive electronic bills, automatically receiving trial electronic bills, and declining further elected or trial electronic bills all occur on an individual Biller basis. The Service does not include an option to prevent ever participating in the automatic trial electronic bill feature. When affirmatively electing to receive electronic bills from a particular Biller, you may be presented with terms from that Biller for your acceptance. We are not a party to such terms.
    2. Paper Copies of electronic bills - If you start receiving electronic bills from a Biller, the Biller may stop sending you paper or other statements. The ability to receive a paper copy of your statement(s) is at the sole discretion of the Biller. Check with the individual Biller regarding your ability to obtain paper copies of electronic bills on a regular or as-requested basis.
    3. Sharing Information with Billers – You authorize us to share identifying personal information about you (such as name, address, telephone number, Biller account number) with companies that you have identified as your Billers and which we have identified as offering electronic bills for purposes of matching your identity on the Service’s records and the Biller’s records to (a) activate your affirmative request for electronic bills, and/or (b) confirm your eligibility for “trial basis” electronic bills.
    4. Information held by the Biller. We are unable to update or change your personal information such as, but not limited to, name, address, phone numbers and email addresses, that is held by the Biller. Any changes will require you to contact 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. We may, at the request of the Biller, provide to the Biller your email address, service address, or other data specifically requested by the Biller for purposes of the Biller matching your identity against its records or informing you about the Biller’s services and/or bill information
    5. Activation. We will 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. 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
    6. Authorization to obtain bill data. You authorize us to obtain bill data from your Billers that you have requested to send you electronic bills, and from your Billers that wish to send you trial electronic bills. 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.
    7. We will attempt to present all of your electronic bills promptly. In addition to notification within the Service, we 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.
    8. 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. We will notify your electronic Biller(s) as to the change in status of your account and it is your sole responsibility to plan for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
    9. Non-Delivery of electronic bill(s). You agree to hold us 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.
    10. Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s).  We are 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 directly addressed and resolved with the Biller by you.

 

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

 

  1. 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 in the following situations pursuant to our Privacy Policy (as further described in Section 10 (Your Privacy) of the General Terms), in addition to the circumstances set forth in Section 20 of the General Terms (Information Authorization):
  2. Where it is necessary for completing transactions;
  3. Where it is necessary for activating additional services;
  4. In order to verify the existence and condition of your account to a third-party, such as a credit bureau or Biller;
  5. To a consumer reporting agency for research purposes only;
  6. In order to comply with a governmental agency or court orders; or,
  7. If you give us your written permission.
  8. Service Fees and Additional Charges. You are You are responsible for paying all fees associated with your use of the Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service or Site. Any applicable fees will be charged regardless of whether the Service was used, except for fees that are specifically use-based. Use- based fees for the Service will be charged against the Billing Account. 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. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 17 of the General Terms (Failed or Returned Payment Instructions) applies if you do not pay our fees and charges for the Service, including without limitation if we debit the Billing Account for such fees, as described in this Section, and there are insufficient fees in the Billing Account.
  9. Biller Limitation. The Service reserves the right to refuse to pay any Biller to whom you may direct a payment. As required by applicable law, the Service will notify you promptly if it decides to refuse to pay a Biller designated by you, as set forth in Section 12 of the General Terms (Prohibited Payments).
  10. 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 attempt to research and correct the returned payment and return it to your Biller, or void the payment and credit your Eligible Transaction Account. You may receive notification from the Service.
  11. Information Authorization. In addition to Section 20 of the General Terms (Information Authorization), 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).
  12. Bill Capture. The following Bill Capture terms and conditions in this Section 14 (Bill Capture) only apply to Bill Capture (as defined below). If Bill Capture is not available to you within our mobile banking application, then this Section 14 (Bill Capture) does not apply.

Your use of our mobile banking application may include the ability to add bill payment payees by utilizing your mobile phone to take pictures of your paper bills (“Bill Capture”). Once you take the picture, Bill Capture extracts and prefills Biller information such as the name, address and account number of the Biller into our mobile banking app for use with the Service, or matches the bill to an existing Biller and prefills the amount due and due date. Bill Capture is subject to the following terms:

  1. You shall use Bill Capture only for your own use in accordance with the terms of this Agreement;
  2. We do not guarantee that your mobile device will be compatible with Bill Capture; and
  3. You bear sole responsibility for confirming that the information captured by Bill Capture matches the information on the applicable bill pay stub, and in no event will we be liable for any results from your use of extracted data from Bill Capture with the Services, including, without limitation, any late fees for payments sent to an improper Biller or improper account.
  4. Bill Discovery. The following Bill Discovery terms and conditions in this Section 15 (Bill Discovery) only apply to Bill Discovery (as defined below). If Bill Discovery is not available to you from our Site, then this Section 15 (Bill Discovery) does not apply.

       The bill discovery feature (“Bill Discovery”) enables the automatic searching, identification, and retrieval of information about your Billers and bills based on matching information about your identity. In order to enable Bill Discovery, you will need to authorize the Service to access and use information from your consumer report from a credit bureau and/or our Biller network in order for Bill Discovery to identify potential matches. By providing your consent within the Bill Discovery portion of the Site, you authorize the Service to access and use such information until you withdraw your consent. You may withdraw your consent within the Bill Discovery portion of the Site at any time. If Bill Discovery has identified Biller matches, the Service will allow you to add these Billers to your user profile. New Billers added through Bill Discovery are subject to Section 8 (Bill Delivery and Presentment) of the Bill Payment Terms.


"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.

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

"Due Date" is the date reflected on your Biller statement for which the payment is due, not the late payment date or the date beginning or a date during any grace period.

"Eligible Transaction Account" is as defined in Section 36 of the General Terms, except that it shall be limited to an account that you hold with us, and from which bill payments will be debited.

"Exception Payments" means payments to deposit accounts or brokerage accounts, payments to settle securities transactions (including, without limitation, stocks, bonds, securities, futures (forex), options, or an investment interest in any entity or property).

"Payment Instruction" is as defined in Section 36 of the General Terms, and is further defined as 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).

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

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

POPMONEY® PERSONAL PAYMENT SERVICE

For If you are enrolled in our Popmoney® Service, this section states the terms and conditions that apply when you use Popmoney®. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by the Agreement.

  1. The Agreement is a contract between you and Central Valley Community Bank (hereinafter “we” or “us”) in connection with the Popmoney® Personal Payments Service offered through our online banking site (the “Site”), and represents an upgrade to our person-to-person payment service (the “Service”). The Agreement applies to your use of the Service and the portion of the Site through which the Service is offered.
  2. Description of Service. Although the ACH Network is often used to execute Popmoney® Service Payment Instructions, other Payment Networks may be used to facilitate the execution and transmission of Payment Instructions. All Payment Instructions must be made through the Site and are subject to the terms of the Agreement and applicable laws and regulations then in effect. Receipt of Payment Instructions may be made through the Site and is subject to the terms of the Agreement and applicable laws and regulations, then in effect. In some instances, receipt of Payment Instructions may be made through Popmoney.com (the "Popmoney® Service") and if you choose to initiate or receive a Payment Instruction 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 then in effect.
  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 the Agreement to delegate to Service Providers all of the rights and performance obligations that we have under the Agreement, and that the Service Providers will be third party beneficiaries of the Agreement and will be entitled to all the rights and protections that the Agreement provides to us. Service Provider and certain other capitalized terms are defined in a “Definitions” section at the bottom of the
  4. Amendments. We may amend the 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 the Agreement as to all such prior versions of the Service, and/or related applications and material, and limit access to only the Services more recent revisions and updates, upgrades or enhancements.
  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 the Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign the Agreement or any right or obligation under the Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under the Agreement to independent contractors or other third
  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: Central Valley Community Bank, 7100 N. Financial Drive, Ste. 101, Fresno, CA We may also be reached at 800.298.1775 or 559.298.1775 during customer service hours for questions and other purposes concerning the Service, but such telephone calls will not constitute legal notices under the 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 Device number that you have provided us, including but not limited to the Mobile Device 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 Instructions, alerts for validation and notices of receipt of Payment Instructions) as text messages on their Mobile Devices. 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 paragraph 7 above. We reserve the right to charge you a reasonable fee not to exceed $20 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.

  1. Text Messages, Calls and/or Emails to You. By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls from us at that number and/or e-mails from us for our everyday business purposes (including identify verification). You further consent to receiving text messages from us at that number, and/or e-mails from us for marketing purposes. Please review our Privacy Policy for more information.
  2. Receipts and Transaction History. You may view your Popmoney® 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
  3. 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. Our privacy policy can be viewed by clicking here: cvcb.com/privacy
  4. 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
  5. 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 the
  6. Prohibited Payments. 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:
  7. Payments to or from persons or entities located in prohibited territories; (including any territory outside of the United States);
  8. Payments that violate any law, statute, ordinance or regulation;
  9. Payments that violate the Acceptable Use terms in the Acceptable Use paragraph below;
  10. 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;
  11. 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;
  12. 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,
  13. 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 paragraph 7 above of any violations of this section or the Agreement generally.

  1. 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 paragraph 7 above of any violations of this section or the Agreement generally.

  1. Payment Authorization and Payment
    1. 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 Once registered, you authorize us to credit your Eligible Transaction Account for payments remitted to you on behalf of a Sender without further approval from you.
    2. When we receive a Payment Instruction from you, you authorize us to debit your Eligible Transaction Account for the amount of any such Payment Instructions plus any related fees in effect (and as disclosed on the Site) at the time you initiate the Payment Instruction, and to remit funds on your behalf. You acknowledge and agree that any applicable fees will be charged when we receive a Payment Instruction from you, regardless of whether the Payment Instruction is ultimately completed. 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) and those payments that were cancelled and returned to you because the processing of the Payment Instruction could not be completed.
    3. You acknowledge and agree that if your Payment Instructions identify an Account by name and Account number, the relevant financial institution may execute those Payment Instructions by reference to the Account number only, even if such Account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the Account may choose to not investigate discrepancies between Account names and Account numbers and that we have no responsibility to investigate discrepancies between Account names and Account
    4. 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
    5. We will use reasonable efforts to complete all your payment instructions 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:
    6. If, through no fault of ours, the Eligible Transaction Account does not contain sufficient funds to complete the Payment Instruction or the payment instruction would exceed the credit limit of your overdraft Account;
    7. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instruction;
    8. The payment is refused as described in paragraph 21 below;
    9. 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 Device number of the Receiver to whom you are initiating a Payment Instruction; and/or,
    10. 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 Instruction and we have taken reasonable precautions to avoid those circumstances.
    11. 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 Instruction), 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 Instruction 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.
  2. Initiation of Payment Instructions. You may initiate (a) one-time Payment Instruction to a Receiver for which processing shall be initiated immediately; (b) a one-time Payment Instruction 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 Instructions 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

Payment Instructions 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 and/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 Instruction (a "Two-Step Transfer"). If the Receiver maintains an Eligible Transaction Account with an institution that participates in or offers 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 Instruction and receive the payment.

You understand and agree that when you initiate a Payment Instruction from an Eligible Transaction Account using the Popmoney® Service, the processing of the Payment Instruction 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 Instruction. If you request a one-time Payment Instruction to be initiated on a specified date or a recurring series of Payment Instructions to be initiated on specified dates, then the processing of the Payment Instruction 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.  The site may contain additional information regarding the delivery of a payment to an Eligible Transaction Account or the delivery of a gift card, if applicable.

You acknowledge and agree that we will begin to process the Requested payment instructions once the Receiver has provided (or we otherwise obtain) all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Receiver has provided (or we otherwise obtain) all required information or ten (10) business days. You further acknowledge and agree that our receipt of money to be transmitted to a Receiver shall not be deemed to have occurred and our obligation to complete a Payment Instruction shall not begin until such time as the Receiver provides us with (or we otherwise obtain) all required information necessary to process the related Payment Instruction in accordance with this Agreement. Any cancellation of a Payment Instruction prior to the Receiver providing us with such information shall be subject to the provisions of section 20, below. 

  1. Receiving Payments. If another person wants to send you a Payment Instruction 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®  Or, as applicable, if another person wants to send you a gift card using the Service, he or she can do that from an Eligible Transaction Account at a financial institution that participates in the Service and makes available the purchase of gift cards through the Service. 

You understand and agree that there may be a delay between the time you are notified of the pending Payment Instruction 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 Device in connection with the Sender's initiation of Payment Instructions to you, and, as a Receiver, you may also receive electronic gift cards or requests from others for payment through the Service.

You acknowledge and agree that in the event that funds are transferred into your Eligible Transaction Account as a result of a Payment Instruction and it is determined that such transfer was improper because it was not authorized by the sender, because there were not sufficient funds in the sender's account, or for any other reason, then you hereby authorize us or our Service Provider to withdraw from your Eligible Transaction Account an amount equal to the amount of funds improperly transferred to you.

If applicable, if you as a Requestor initiate a Popmoney®  Request using the Service you acknowledge and agree that as disclosed on the Site (a) the applicable service fee will be deducted from payments received by the you from a Sender(s), and (b) no service fee will be charged if you as the Requestor do not receive any payments from the individuals to whom the Popmoney®  Request is sent. Further details about the foregoing can be found on the Site. You acknowledge and agree that individuals to whom you send a Popmoney® Request may not receive, or otherwise may reject or ignore, your Popmoney®  Request. We do not guarantee that you will receive any payments from individuals by initiating a Popmoney® Request.

  1. Payment Methods and Amounts. There are limits on the amount of money or gift card value you can send or receive through our Service. Your limits may be adjusted from time-to-time in our sole discretion. For certain Services, you may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you. These payment methods may include, but may not be limited to, an electronic debit, a paper check drawn on the account of our Service Provider, or draft check drawn against your account.
  2. Payment Cancellation, Stop Payment Requests and Refused Payments. Sender may cancel the initiation of a Payment Instruction or stop a Payment Instruction at any time until the processing of the Payment Instruction into the Receiver’s Eligible Transaction Account has begun. Our ability to stop a Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on the manner in which the Payment Instruction was initiated, and whether the Payment Instruction 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 Instruction, 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 our Customer Service team. 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 Instruction, the Receiver is not required to accept the Payment Instruction. 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 Instruction 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
  3. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Payment Instruction, you shall communicate with Customer service for the Service in the manner set forth in paragraph 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 Instructions 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
  4. Mobile Device Users. Your phone service provider is not the provider of the Service. 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: 226563. To stop receiving text messages on your mobile phone, text "STOP" to this number: 226563.
  5. 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
  6. Service Fees and Additional Charges. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Service. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTIONS IS SOLELY DUE TO OUR FAULT, 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.

 

  1. Failed or Returned Payment Instructions. 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 Instruction for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Payment Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the Payment Instruction), the Payment Instruction may not be completed. In some instances, you will receive a return notice from us. In each such case, you agree that:
  2. You will reimburse us immediately upon demand the amount of the Payment Instruction 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;
  3. 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;
  4. You may be assessed a fee by our service provider and by us if the Payment Instruction 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;
  5. You will reimburse us for any fees or costs we incur in attempting to collect any amounts from you; and
  6. We are authorized to report the facts concerning the return to any credit reporting
  7. 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 our Customer Service team for the Service as set forth in paragraph 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
  8. 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 the
  9. Returned Payments. In using the Service, you understand that Receivers may reject Payment Instructions or otherwise return payments. We will use reasonable efforts to complete Payment Instructions initiated through the Service.
  10. 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 the 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 the 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 the Agreement for risk management, regulatory compliance, and 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.
  11. Service Termination, Cancellation, or Suspension. In the event you wish to cancel the Service, you may contact us as set forth in paragraph 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 the

31.      Errors, Questions, and Complaints.

  1. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in paragraph 7
  2. 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:
    1. Tell us your name;
    2. 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,
    3. Tell us the dollar amount of the suspected
  3. 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
  4. Intellectual Property. "Popmoney®" is a registered trademark of Fiserv, 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
  5. 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.
  6. 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 paragraph 7 above. See also “Your Liability for Unauthorized Transfers” paragraph above regarding how the timeliness of your notice impacts your liability for unauthorized Your password will need to meet the following criteria:  at least one uppercase letter, one lowercase letter, one number, one of the following special characters (~!@#$%^&*()_+-={}|¨:”;’?,.?\) and must be at least eight characters in length.  You will be prompted to change your password every 90 days.
  7. Remedies for Breach. If we have reason to believe that you have engaged in any of the prohibited activities described in the Agreement or have otherwise breached your obligations under the 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 the Agreement, access to the Site, and/or use of the Service for any reason and at any
  8. Disputes. In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to the Agreement. You agree that the 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 the Agreement. If there is a conflict between the terms of the Agreement and something stated by an employee or contractor of ours (including but not limited to its Customer service personnel), the terms of the Agreement will
  9. No Jury Trial. To the extent allowed by law, if a dispute arises between you and us regarding this Agreement or any service contemplated hereunder, the parties each waive any right they may have to request a jury trial. 
  10. Judicial Reference. WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES’ AGREEMENT TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, the parties hereto agree that any and all disputes or controversies of any nature between them arising at any time shall be decided by a reference to a private judge, mutually selected by the parties (or, if they cannot agree, by the Presiding Judge of Fresno County, California Superior Court) appointed in accordance with California Code of Civil Procedure Section 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts), sitting without a jury, in Fresno County , California; and the parties hereby submit to the jurisdiction of such court.  The referenced proceedings shall be conducted pursuant to and in accordance with the provisions of California Code of Civil Procedures Section 638 through 645.1 inclusive.  The private judge shall have the power, among others, to grant provisional relief, including without limitation, entering temporary restraining orders, issuing preliminary and permanent injunctions and appointing receivers.  All such proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed.  If during the course of any dispute, a party desires to seek provisional relief, but a judge has not been appointed at that point pursuant to the judicial reference procedures, then such party may apply to the Fresno County,  California Superior Court for such relief.  The proceeding before the private judge shall be conducted in the same manner as it would be before a court under the rules of evidence applicable to judicial proceeding.  The parties shall be entitled to discovery, which shall be conducted in the same manner as it would be before a court under the rules of discovery applicable to judicial proceedings.  The private judge shall oversee discovery and may enforce all discovery rules and orders applicable to judicial proceeding in the same manner as a trial court judge.  The parties agree that the selected or appointed private judge shall have the power to decide all issues in the action or proceeding, whether of fact or of law, and shall report a statement of decision thereon pursuant to the California Code of Civil Procedure Section 644(a).  The decision of the private judge shall then be appealable as if made by the court.  The private judge shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph.  If you and Bank do not agree on how the payment of the private judge’s fees and expenses will be shared, the court may apportion such fees and expenses between the parties in a fair and reasonable manner that is consistent with the Code of Civil Procedure Section 645.1.  No provision of this section shall limit the right of any party to exercise self-help remedies, to foreclose against or sell any real or personal property collateral or to obtain provisional or ancillary remedies, such as injunctive relief or appointment of a receiver, from a court of competent jurisdiction before, after or during the pendency of any reference proceeding.  The exercise of a remedy does not waive the right of either party to resort to reference pursuant to the Agreement.  Both provisions assume the following terms are defined in the agreement, accordingly:  Agreement; Bank; ‘you’; ‘your’; ‘us’; ‘we’ and ‘our’.
  11. Law and Forum for Disputes. Unless our Account agreement with you states otherwise, the 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 law’s provisions. To the extent that the terms of the 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 the 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 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 the 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 the Agreement.
  12. 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 the Agreement and/or your use of the Site or the
  13. 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
  14. 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
  15. 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
  16. 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 as described in paragraphs 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 the 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
  17. Complete Agreement, Severability, Captions, and Survival. The 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 the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of paragraphs hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of the 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 the Agreement will prevail.

46.   Definitions.

  1. "ACH Network" means the funds transfer system, governed by the NACHA Rules that provides funds transfer services to participating financial institutions.
  2. “Affiliates” means a company related by common ownership or
  3. "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally
  4. "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.
  5. "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 Account and routing number information).
  6. “Payment Network” means a payment network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
  7. "Receiver" is a person or business entity that is sent a Payment Instruction through the
  8. "Sender" is a person or business entity that sends a Payment Instruction through the
  9. “Service Provider” means companies that we have engaged (and their Affiliates) to render some or all of the Service to you on our
  10. "You," “you” "your," and "yours" shall mean the person(s) enrolled in, and authorized to, use any Electronic Services as set forth under the Agreement.
  11. "We," “we” "our," and "us" shall mean Central Valley Community Bank.

ACCOUNT TO ACCOUNT (“A2A”) TRANSFER SERVICE

For If you are enrolled in our A2A Transfer Service, this section states the terms and conditions that apply when you use A2A. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other services you obtain from us. You must also follow all of our instructions and procedures applicable to the services covered by the Agreement.

  1. 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 the Agreement to delegate to Service Providers all of the rights and performance obligations that we have under the Agreement, and that the Service Providers will be intended third party beneficiaries of the Agreement and will be entitled to all the rights and protections that the Agreement provides to
  2. 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).
  3. 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 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.
  4. 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
  5. Receipts and Transaction History. You may view at least six (6) months of your transaction history with the applicable Service Provider by logging into Account and looking at Account transaction history. You agree to review your transactions by this method instead of receiving receipts by
  6. 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

 

 

  1. 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
  2. Acceptable Use. You may use the Service to transfer funds as described 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 below of any violations of this section or the 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 the Agreement. We and our Service Providers reserve the right to monitor and remove any comments you post or submit through the Service.

9.       Transfer Authorization and Processing.

  1. The Service enables you to transfer funds: (i) between 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 either the sole owner or a joint owner 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. If you are a joint owner of the Transaction Account, Recipient Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the Recipient Account is located in the United
  2. 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 Accounts as described below (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
  3. 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:
  4. 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;
  5. The Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
  6. The transfer is refused as described below;
  7. 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,
  8. 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.
  9. 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.
  1. 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
  2. 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
  • Stop Payment Requests. If you as a Sender desire to stop any transfer that has already been processed, you must contact our Customer Service team. 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

 

  1. 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
  2. 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
  3. 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
  4. 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:
    1. You will reimburse us immediately upon demand the transfer amount that has been returned to us;
    2. 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;
    3. 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;
    4. 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,
    5. We and our Service Provider are authorized to report the facts concerning the return to any credit reporting
  5. 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 our Customer Service team 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
  6. 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 the
  7. 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
  8. 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
  9. Service Cancellation by You. In the event you wish to cancel the Service, you may telephone us at 800.298.1775 or 559.298.1775 Monday through Friday, from 8:30 a.m. to 5:00 p.m. PT Monday through Thursday or from 8:30 a.m. to 5:30 p.m. PT on Friday and/or write us at Central Valley Community Bank, 7100 N. Financial Drive, Suite 101, Fresno, CA Any transfer(s) we have already processed before the requested cancellation date will be completed by us.
  10. 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 the Agreement or have otherwise breached your obligations under the 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 the 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 the
  11. Errors, Questions, and Complaints. Except as otherwise stated in the Agreement, notice to us concerning the Site or the Service must be sent by postal mail to: Central Valley Community Bank, 7100 N. Financial Drive, Suite. 101, Fresno, CA In case of errors or questions about your transfers or concerning the Service, you should as soon as possible telephone us at 800.298.1775 or 559.298.1775 from 8:30 a.m. to 5:00 p.m. PT Monday through Thursday or from 8:30 a.m. to 5:30 p.m. PT on Friday, provided such telephone calls will not constitute legal notices under the Agreement; and/or write us at the above address.
  12. 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:
  13. Tell us your name;
  14. 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,
  15. Tell us the dollar amount of the suspected
  16. 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
  17. 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 attorney’s fees) made or incurred by any third party due to or arising out of your breach of the Agreement and/or your use of the Site or the Service.
  18. 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
  19. 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
  20. 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 paragraph 7 above. See “Liability for Unauthorized Transfers” regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
  21. 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.
  22. 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 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 the Agreement shall be limited to direct out of pocket damages up to a maximum of Five Hundred Dollars ($500.00). 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

30.   Definitions.

  1. “Recipient Account" is the Account to which your funds will be
  2. "Sender" means the Transaction Account holder initiating a transfer through the
  3. “Service” shall mean the A2A
  4. “Service Provider” means companies that we have engaged to render some or all of the Service to you on our
  5. ”Site" means the online banking website through which the Service is offered.
  6. "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
  7. “Transfer Instruction" is the information provided by you to the Service for a transfer of funds to a Recipient

 

MOBILE BANKING SERVICES

  1. These terms and conditions are in addition to those that apply to any Accounts you have with us or any other Services you obtain from us. You must also follow all of our instructions and procedures applicable to the Services covered by the Agreement.

Definitions. For purposes of Mobile Banking Service, the following terms shall have the definitions assigned to them:

  1. “Alert” or “Alerts” shall mean the notification of Account information or events delivered via email or Text Banking or
  2. “Central Valley Community Bank Mobile App” or “Mobile App” shall mean the downloadable application for a Mobile
  1. Participating Carriers. Our participating carriers include (but are not limited to) AT & T, Sprint, PCS, T-Mobile®, U.S. Cellular®, and Verizon
  2. Description of Mobile Services. Mobile Services allows you to perform several functions from your Mobile Device. The availability of Services and features may differ for Account based on being an Account Owner. Where available, you may use Mobile Services to:
    1. Transfer funds between Accounts;
    2. Obtain Account balances;
    3. Receive Alerts on Accounts; and,
    4. Utilize other features as we establish from time-to-time.
    5. These features are limited to the extent, and subject to the terms, noted below:
  3. Your ability to transfer funds between certain deposit accounts is limited by federal law and the Deposit Agreement;
  4. Information for Accounts will be available from Mobile Services for a maximum of three-hundred-sixty-five (365) Calendar Days from the date of inquiry and reflect activity through the close of business of the previous Business Day; and,
  5. Your ability to use Services to pay bills to Billers, transfer funds between Accounts at other Financial Institutions, and use Popmoney® Services from Mobile

5.        General Information.

  1. We offer you access to your account information (e.g., for checking balances and last transactions) over Mobile Services, as well as the option to set up alerts for Accounts (e.g., low balance alerts). We also offer additional mobile banking functions like Bill Pay and transfers to customers using Mobile Services. Enrollment requires identification of your banking relationship with us as well as providing a Mobile Device number. Additionally, you may select the type of alerts and other preferences which will determine the frequency of alerts delivered to Standard messaging charges apply.
  2. For questions regarding our Mobile Services, contact us at 800.298.1775 or 559.298.1775 or you may send a text message with the word “HELP” to this number:
  3. To stop text messages from coming to your Mobile Device, send a “STOP” text message to the number 767666. You may also contact us to cancel your Text
  1. Accessibility. In order to use Text Banking, you need a Mobile Device enabled with SMS.
    1. Text Banking requires a text-enabled Mobile Device. You do not need Internet access on your Mobile Device to use Text Banking. Internet access is required to utilize Mobile Browser Banking and Mobile
    2. On occasion, we may develop additional Mobile Services. As additional Mobile Services are developed, you will have the opportunity to add them to Mobile Banking, provided you have compatible wireless hardware and software.
    3. To use Mobile Services, you must be enrolled in Online Banking. Within Mobile Services, you will have access to all of the Accounts you see within Online Banking. We reserve the right to deny access to an Account. Accounts will only be enrolled in Mobile Services to the extent they contain at least one common
    4. You are responsible for the purchase, maintenance and Mobile Device relationship, including fees associated with the operation of your Mobile Device. We are not responsible for any errors or failures from any malfunction of your Mobile Device or the Mobile Device
  2. Charges. We will not charge you for viewing accounts, transferring funds, or viewing transaction history. We reserve the right to charge fees in the future and such fees will be subject to change. Your Account(s) are still subject to the fees, charges, balance requirements, etc. articulated in the “Service Charges” and “Understanding Your Deposit Account” brochures. In addition, message, data, and other rates may apply. Refer to your Mobile Device carrier for

8.        Your Responsibilities.

  1. You agree not to use Mobile Services to conduct any business or activity or solicit the performance of any activity that is prohibited by law or any contractual provision by which you are bound with any person. You agree to comply with all applicable laws, rules, and regulations in connection with Mobile
  2. You agree to promptly notify us in the event you lose, change, or destroy the Mobile Device whose number is registered with Mobile
  3. You shall not to use any personally-identifiable information when providing shortcuts or creating nicknames to
  1. Limited Liability for Use of the Bank’s Mobile Services. We and your mobile service provider cannot make any representation or warranty that you will have continuous or uninterrupted access to Mobile Services or any of its content or function or that any of the features of Mobile Services will be error-free. The Mobile Banking Service is provided to you "as is" and "as available." We and your mobile service provider make no representation or warranty relating to Mobile Services (including, without limitation, its performance, availability, contents, or functions) or any advertisements or websites in connection with that Service. Your sole and exclusive remedy for any failure or non-performance of Mobile Services shall be for us to use commercially reasonable efforts to perform an adjustment or repair of Mobile Services. 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. In no event will we or any of our 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 Mobile Services), indirect, incidental, special or punitive damages arising out of or in connection with your use of the Mobile Services. We make no representation or warranties regarding the accuracy, functionality or performance of Mobile Services or any software that may be used in connection with Mobile Services. We disclaim any express or implied warranties, including any warranties of merchantability, fitness for a particular purpose or error-free operation.
  2. Indemnification. You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, Mobile service providers and licensors harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys' fees) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to us and our Mobile Services; (b) any fraud, manipulation or other breach of the Terms of the Agreement by you; (c) any third party claim, action or allegation brought against us arising out of or relating to a dispute with you over the terms and conditions of the Agreement or related to the purchase or sale of any goods or our Mobile Services; (d) your violation of any law or rights of a third party; (e) your use or the provision of our Mobile Services or use of your Account by any third party; and, (f) damages that result from misuse or loss of your Mobile Device or misuse of our Mobile Services. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your expense with us in asserting any available defenses. You will not settle any action or claim on our behalf without our prior written

11.      Liability for Transactions Covered by Regulation E (Consumer Accounts).

  1. Tell us immediately if you believe your Online Banking ID or password has been lost or stolen, or if you believe an electronic fund transfer has been made without your permission. Contacting us by telephone is the best way of keeping your possible losses down. You could lose all the money in your Account(s), plus your maximum overdraft line of credit, if any. If you tell us within two (2) Business Days after you learn of the loss or theft of your Online Banking ID or password, you can lose no more than $50.00, if someone uses your Online Banking ID or password without your permission.
  2. If you do not tell us within two (2) Business Days after you learn of the loss or theft of your Online Banking ID or password and we can prove we could have stopped someone from using your Online Banking ID and password without your permission if you had told us, you could lose as much as $500.00.
  3. Also, should your statement show transfers that you did not make, including those made through Online Banking or Mobile Services, or other means, tell us immediately. If you do not tell us within sixty (60) days after the statement was mailed to you, you may not get back any of the 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 timely. If a valid reason (such as a long trip or a hospital stay) kept you from telling us, we may, at our option, extend the time
  4. You agree to assist us in our efforts to recover any funds that were transferred or paid without your permission or
  1. Contact in Event of Unauthorized Transfer. If you believe your Online Banking ID or password has been lost or stolen, someone has attempted to use Mobile Services without your consent, your Account(s) have been accessed or someone has transferred money without your permission, you must notify us immediately by telephone or by visiting a banking center If you lose or forget your Online Banking or Mobile Banking ID or password, contact us immediately so that you may select a new confidential Online Banking ID and password.
  2. Unauthorized Transactions and Notice of Errors (Consumer Accounts).
    1. In case of errors or questions about your Electronic Transfers or if you think your statement is wrong or if you need more information about a transfer listed on the statement, telephone us at 800.298.1775 or 559.298.1775 or write: Central Valley Community Bank, 7100 N. Financial Drive, Suite 101, Fresno, CA 93720, as soon as you can. We must be notified by you no later than sixty (60) days after we sent the first (1st) statement on which the problem or error appeared.
    2. You will need to tell us:
      1. Your name and account number;
      2. Describe the error or transfer in question and explain, as clearly as you can, why you believe it is an error or why you need more information; and,
  • The dollar amount of the suspected error and approximately when the error took place.
  1. If you tell us orally, we may require that you send your complaint or question in writing to us within ten (10) Business
  2. 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 (ninety (90) days for errors or questions involving a transaction initiated outside of the United States or at a point-of-sale terminal or for new accounts) to investigate your complaint or question. If we decide to investigate your complaint or question, we will credit your Account within ten (10) Business Days (twenty (20) days for new accounts) 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 ten (10) Business Days, we may not credit your Account.
  3. We will tell you the results within three (3) 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.
  1. Financial Institution's Liability. If we do not complete a payment or transfer 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 exceptions. We will not be liable for:
    1. If, through no fault of ours, you do not have enough available money in the Account from which a payment or transfer is to be made, or if the Account has been closed or is not in good standing, or if we reverse a payment or transfer because of insufficient funds, or if any payment or transfer would go over the credit limit of any Account;
    2. If your equipment or ours was not working properly and the breakdown should have been apparent to you when you attempted to conduct the transaction;
    3. If you have not given us complete, correct or current account numbers or other identifying information so that we can properly credit your Account or otherwise complete the transaction, or if you do not properly follow our instructions, or if you provide us with wrong or inaccurate information or fail to correct or tell us about any inaccuracy of which you are
    4. If you do not instruct us soon enough for your payment or transfer to be received and credited by the time it is due;
    5. If the money in the Account from which a payment or transfer is to be made is subject to legal process or if other claims restrict the transaction, or if circumstance or persons beyond our control prevent, delay, intercept or alter the transaction, despite reasonable precautions that we have taken;
    6. If the failure was caused by a fire, or other catastrophe, or by an electrical or computer failure or by other causes beyond our control, or if we have a reason to believe that the transaction requested is unauthorized; and,
    7. For incidental or consequential
  2. Privacy and User Information. You acknowledge that in connection with your use of the Services, we and our affiliates and service and its affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services or software (collectively “User Information”). We and our affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend claims, and as otherwise authorized by you. We and our affiliates and service providers also reserve the right to monitor use of the Services and software for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
  3. Restrictions on Use. You agree not to use the Services and Software in, or for, any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, you agree that you will not use the Services and software to transmit or disseminate: (i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material; (ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its clients or subscribers; (iii) material or data, that is illegal, or material or data, as determined by us (in our sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm our reputation or any third-party service provider involved in the provision of the Services; (iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs- related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier; (v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (vi) any material or information that is false, misleading, or inaccurate; (vii) any material that would expose us, or any third-party service provider involved in providing the Services, or any other third party to liability; or (viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or any third party. You agree that you will not attempt to: (a) access any software or Services for which your use has not been authorized; (b) use or attempt to use a third party’s account; (c) interfere in any manner the provision of the Services or software, the security of the Services or software, or other customers of the Services or software; or (d) otherwise abuse the Services or

MOBILE REMOTE DEPOSIT CAPTURE

You agree that Mobile Remote Deposit Capture using Remote Deposit Capture System and Mobile Services shall be governed by these terms and conditions and other relevant terms of the agreement(s) governing Account into which checks are deposited (including, but not limited to, our “Understanding Your Deposit Account,” “Schedule of Fees” and “Electronic Funds Transfer” brochures), and that we may change or discontinue the terms and conditions for Mobile Remote Deposit Capture at any time.   Mobile Remote Deposit Capture provides you with the option of making Electronic Deposits to Accounts through your Mobile Device.

  1. Fees and Charges. The Bank offers the benefits and convenience of Mobile Remote Deposit Capture to you free of charge and we reserve the right to charge fees for the service in the future.
  2. Processing Options. As part of Mobile Remote Deposit Capture, checks may be processed as a Check Image. You capture and convert checks received into Check Images and transmit to us for processing and collection. We will collect such Check Images through the check collection system by presenting or exchanging Check Images or using Check Images to create Substitute Checks for
  3. Mobile Remote Deposit Capture Requirements You shall at all times maintain Account with
  4. Daily Mobile Deposit Limits. The Bank reserves the right to establish and assign deposit limits to you, for the Service (including limits on the dollar amount and/or number of checks that you may transmit through the Service each day) and to modify such limits from time-to-time in the Bank’s sole discretion.  You agree to comply with all such limits.  Our currently daily deposit limit for consumer accounts is $2,500; and $7,500 per day with a minimum monthly limit of $20,000 for business accounts.  If your Mobile Check Deposit activity exceeds your daily customer deposit limit, the Bank reserves the right to disable your access to the Mobile Remote Deposit Capture service.
  5. Determination of Items Eligible for Mobile Remote Deposit Capture
    1. We shall have no liability to you or any other person in the event that your Electronic Deposit is processed as, or converted by us, to a Check Image or Substitute
    2. Only a draft, payable on demand, and drawn on or payable through or at an office of a bank, is eligible for deposit as a Check Image. Without limiting the generality of the preceding sentence, the following items are not eligible for deposit as Check Images under Mobile Remote Deposit Capture, and you must deposit these original paper checks with us for collection:
      1. Checks, including travelers checks, that are drawn on banks located outside of the United States;
      2. Checks payable in a medium other than U.S. dollars;
  • Non-cash items (as defined under Section 229.2(u) of Federal Reserve’s Regulation CC);
  1. Promissory notes and similar obligations, such as savings bonds;
  2. Third party checks;
  3. Substitute Checks; and,
  • Any other class of checks or drafts as identified by us to you from time to
  1. You agree not to use Mobile Remote Deposit Capture to take pictures of and deposit any paper checks or other items as shown below which shall be considered ineligible items:
    1. Checks or Items payable to any person or Entity other than yourself;
    2. Checks made payable to another party, and you attempt to deposit into a Personal Account or different Entity;
  • Checks or items containing an alteration to any of the fields on the front of the paper check or item, or which you know or suspect, or should know or suspect, are fraudulent or otherwise not authorized by Account Owner on which the check or item is drawn;
  1. Checks that have been previously negotiated, including through Remote Deposit Capture System;
  2. Items that have been previously submitted through the service offered at another financial institution;
  3. Items dated more than six (6) months prior to the date of the deposit;
  • Post-dated Checks;
  • Checks drawn on a financial institution located outside the United States or not payable in United States currency;
  1. Money Orders, Insurance drafts, Cashier’s checks, and Credit card cash advance checks;
  2. Checks or items that are drawn or otherwise issued by the US Treasury Department;
  3. Checks with any endorsement on the back other than that specified in the Agreement;
  • Deposits which exceed your per check or daily
  1. The above list is not meant to be exhaustive.
  2. You agree to restrictively endorse each paper check and ensure all other necessary endorsements are obtained prior to capturing Check Images for transmission to us by including the words, “FOR MOBILE DEPOSIT ONLY” Central Valley Community Bank and last 3-digits of your account # below your endorsement, or as otherwise instructed by the Bank, on the back of the paper check, below the
  1. Capture of Checks and Check Information
    1. You shall be responsible for accurately capturing an image of each paper check and the correct dollar amount of the check into the System. In the event the condition of a paper check precludes a complete automated read, you shall be responsible for visually inspecting the check. You shall be responsible for the inspection of all Check Images to ensure the legibility of the Check Image (including without limitation the dollar amount and signature of the person who signed the check (the “drawer”).
    2. You agree to ensure that any and all information on a paper check is accurately captured and legible in the resulting Check Image and otherwise complies with any Check Image quality standards and guidelines that may be established by ANSI, ECCHO Rules, the Federal Reserve, other applicable regulatory agency or clearinghouse, or that we may provide to you from time to
    3. You acknowledge that current image technology may not capture all security features (e.g. watermarks) contained in the original paper checks, and agree to assume any and all losses resulting from claims based on security features that do not survive the image
    4. You further acknowledge that we do not verify the accuracy, legibility or quality of the Check Image or MICR Data prior to processing an Electronic Deposit. We may, in our sole discretion, reject, repair, alter, amend, reformat or convert the Check Image Metadata or MICR Data submitted in an Electronic Deposit in accordance with general check, but we shall have no obligation to reject, repair, alter, amend, re-format or convert the Check Image Metadata or MICR Data. If we require that you comply with certain formatting standards or other guidelines when submitting Electronic Deposits and you decline to implement, or comply with such standards or guidelines, you acknowledge that we shall not be liable for any error or loss that results from our processing such Electronic Deposit or from our re- formatting or conversion of Electronic Deposit prior to
    5. We shall not be liable to you for failure to process an Electronic Deposit, or any error that results in processing or collecting an Electronic Deposit, including, without limitation:
      1. For which you have not provided us with full and correct MICR Data and dollar amount from the original paper check;
      2. For which you have not provided an accurate and legible image of the original paper check;
  • For which you have failed to comply with formatting standards or other guidelines required by us; or,
  1. For which would violate the

7.        Upload of Electronic Deposit to Us

  1. An Electronic Deposit is received when the entire Electronic Deposit transmission in which that Electronic Deposit is contained is received by us in accordance with section 7, above. If only a portion of that Electronic deposit transmission is received by us for any reason, including and without limitation, a failure during the transmission to us, the Electronic Deposit transmission deemed to have not been received by us.
  2. We will process Electronic Deposit transmission received from you via Check Image collection
  3. Electronic Deposits received will post to Account within one (1) Business Day.
  4. Collection of Check Images. Notwithstanding anything to the contrary in the Agreement, we may in our sole discretion determine the manner in which we will seek to collect a Check Image deposited by you. Without limiting the generality of the preceding sentence, we may, at our option: (i) present or transfer the Check Image to the paying bank, a Federal Reserve bank, image share/exchange network, or other collecting bank; (ii) create a Substitute Check from the Check Image and collect the Substitute Check; or (iii) request that you provide to us the original paper check from which the Check Image was created and then collect the original paper
  5. Returns. You agree that we may charge Account for any and all returned items, including a returned Check
  6. Re-presentment of Returns. In the event we, in our sole discretion, determine that it requires the original paper check for re-presentment in order to collect a returned Check Image, you shall be responsible for providing to us the original paper check, or if the original paper check has been destroyed, for obtaining a replacement
  7. Items or Images Received for Deposit. We reserve the right to reject any deposit (as an Electronic Deposit or otherwise) for any reason. We will notify you of the rejection of any
  8. Retention and Destruction of Original Paper Checks. You agree to prominently mark Item as “Electronically Presented” or “VOID” and to properly dispose of Item after fourteen (14) Calendar Days to ensure that it is not re- presented for payment. You agree never to re-present Item. You will provide any retained Item, or a sufficient copy of the front and back of Item, to us as requested to aid in the clearing and collection process, to resolve claims by third parties with respect to any Item, or for our audit
  9. Representations and Warranties. With respect to each Check Image or Electronic Deposit that you transmit to us, you are deemed to make any representation or warranty that would have applied had you deposited the original paper check. In addition you are deemed to make to us any representation or warranty that we make, under applicable law, clearinghouse rule, Federal Reserve Operating Circular, bi-lateral agreement or otherwise, to any person (including without limitation a collecting bank, a Federal Reserve bank, a Receiving Depository Financial Institution, a paying bank, a returning bank, the drawee, the drawer, any endorser, or any other transferee) when we transfer, present or originate the Electronic Deposit or Check Image, or a Substitute Check created from that Check Image. These representations and warranties include but are not limited to, that: (a) the transmissions contain accurate images of the front and back of the original checks; (b) the transmissions contain all necessary endorsements up until the original checks are imaged; and (c) no depository bank, drawee, drawer, or endorser will be asked to make a payment based on an item that it has already
  10. Your Responsibility. With respect to each Check Image or Electronic Deposit that you transmit to us, you shall indemnify and hold us harmless from and against any and all claims, demands, damages, losses, liabilities, penalties and expenses (including, without limitation, reasonable attorney fees and court costs at trial or on appeal) arising directly or indirectly:
  11. From breach of a representation or warranty as set forth in section 14 above;
  12. As a result of any act or omission in the capturing, creation or transmission of the Check Image or Electronic Deposit, including without limitation the encoding of the MICR Data from the original paper check;
  13. From any duplicate, fraudulent or unauthorized check, Check Image or Substitute Check;
  14. For any loss caused by our acceptance or creation of a Check Image instead of presentment of the original paper check; or,
  15. From any other act or omission arising out of our action or inaction taken pursuant to any request by you or pursuant to the Agreement. This section 15 shall survive termination of the
  16. Limited Use. You may use Mobile Remote Deposit Capture and the Remote Deposit Capture System for personal use for as long as we in our sole discretion provides the Service. You and Account Owner acknowledge the risks associated with such use and agree to indemnify us for any losses resulting
  17. Rules Applicable to Collection of Checks. You acknowledge and agree that a Check Image may, in the sole discretion of us, be collected through one or more check clearinghouses, one or more Federal Reserve banks, or an agreement with another financial institution or image share/exchange network. In such cases, the Check Image is subject to the rules of that clearinghouse, Federal Reserve banks, or image share/exchange network or financial institution
  18. Accuracy and Timeliness of Mobile Remote Deposit Capture. We will use reasonable efforts to provide Mobile Remote Deposit Capture in a prompt fashion, but shall not be liable for temporary failure to provide Mobile Remote Deposit Capture in a timely manner. In such event, you shall be responsible for carrying out banking business through alternative channels. We shall not be liable for any inaccurate or incomplete information with respect to transactions which have not been completely processed or posted to our deposit or payments system prior to being made available pursuant to Mobile Remote Deposit Capture. Information with respect to all transactions is provided solely for your convenience, and you shall have no recourse to us as to use of such
  19. Duty to report errors: You must examine your statement of accounts with “reasonable promptness”. You agree that it is your responsibility to review all such information that the Bank makes available to you in a timely manner to verify that deposits made through Mobile Remote Deposit Capture have been received and accepted by the Bank and are accurate. Receipt of check/item by the Bank through the Mobile Remote Deposit Capture does not constitute an acknowledgement by the Bank that the check/item is error-free or that we will be liable for the check/item. You agree to notify us promptly of any errors, omissions, or discrepancies in a deposit within the time periods established in your Account Agreement. You may notify us by telephone at 800.298.1775 or 559.298.1775 or by writing to, Central Valley Community Bank, 7100 N. Financial Drive, Ste. 101, Fresno, CA 93720 or telephone us at (559-298-1775 or 1-800-298-1775). You agree to cooperate in any investigation by the Bank of any unsuccessful or lost transmission. Subject to applicable law, any failure by you to notify the Bank of any error, omission or other discrepancy in accordance with this agreement and your Account Agreement shall relieve the Bank of any liability for such error, omission or discrepancy.
  20. Availability of Funds: Scanning and submitting check image deposits does not constitute receipt of the deposit by Central Valley Community Bank. Generally, check/item deposits received prior to 5:00 p.m., Pacific Time are processed on the business day of receipt and available for withdrawal on the next business day. Any check image deposit received after this time or on Saturdays, Sundays, and holidays when Central Valley Community Bank is closed will be processed on the Bank’s next business day and available for withdrawal on the 2nd business day. Acknowledgment that your check image deposit has been received by the Bank does not mean that the check image deposit was received error free.

Subject to our right to hold funds as otherwise provided under this agreement and the deposit account agreements, availability of credit from items processed under this agreement will be subject to our Funds Availability schedule, which may be amended. Funds from deposits made via Mobile Remote Deposit Capture generally will be available for withdrawal on the next business day after the day of deposit. If funds will be delayed beyond the next business day on any part of your deposit, we will mail you information about when your funds will be available.

  1. Security Procedures. You shall comply with all security procedures for Mobile Remote Deposit Capture that are established by us or set forth in any written user requirements communicated to you. You are solely responsible for (i) maintaining your own security procedures, (ii) safeguarding the security and confidentiality of Check Images, Check Image Metadata and other information that is either printed from, stored on, or downloaded to, the System, Remote Deposit Capture, or other computer/data systems or portable media; and, (iii) preventing errors or unauthorized access to the System or the Remote Deposit

Definitions. For the purposes of Mobile Remote Deposit Capture, the following

terms shall have the definitions assigned to them:

  1. “Check Image” shall mean an electronic image of an original paper check that is created by you, us or another bank or depository institution in the check collection
  2. “Check Image Metadata” shall mean information about the Check Image, as well as pointers to the actual image data (also known as image tags).
  3. “Customer System” shall mean the computer hardware, software and web- based applications located at your site that is used by you to prepare Electronic Deposits and to access Mobile Remote Deposit
  4. “Electronic Deposit” shall mean electronic information (including Check Images, Check Image Metadata, MICR Data, or dollar amount information), obtained from capturing information from an original paper check, that is transmitted to us for deposit, processing and
  5. “Items” shall mean checks, money orders, traveler’s checks, and cashier’s checks scanned for Mobile Remote Deposit Capture or otherwise into Account.
  6. "MICR Data" shall mean information from the Magnetic Ink Character Recognition stylized printing on the bottom of checks comprising of routing, transit, account and check serial
  7. “Mobile Remote Deposit Capture” or “Mobile Check Deposit” or “Service” shall mean the remote deposit capture service governed by the Agreement that allows you to receive a check to deposit electronically at
  8. “Post-dated Check” shall mean a paper check that is made payable at some point in the
  9. “Remote Deposit Capture System” shall mean our Bank’s computer systems and databases that you may access in order to use Mobile Remote Deposit
  10. “Substitute Check” shall mean a paper reproduction of an original paper check that meets the definition of a “substitute check” in the "Check Collection for the 21 Century Act as implemented by Regulation CC of the Federal Reserve

Proceed with Enrollment for the Service.

By checking the "I Accept the Disclaimer" box and clicking "Submit" below you represent that you are the owner of an Eligible Account to be enrolled in the Service. Checking the "I Accept the Disclosure" box and clicking the "Submit" button also indicates your acceptance of the terms and conditions of this Agreement in this electronic format.

If you do not accept, close the window.    If you do not accept at this time, you can still enroll at a later time, at which time, you will still be asked to accept the terms and conditions of this Agreement.