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Please read carefully the Agreement below, this Agreement includes Your rights and obligations as a user of our on-line banking service. It also describes the rights and obligations of the United Pacific Bank. By pressing the "I Agree" button below, You agree to comply with the terms and conditions of this Agreement. You also acknowledge by using the on-line banking service that You have downloaded, printed, or otherwise received a copy of the terms and conditions and that you understand them. Note: After you have read this Agreement, and agree to its terms and conditions, you must scroll down and click the "I Agree" button at the bottom of this agreement to continue. 1. DEFINITIONS In this agreement, the words "On-line Banking Service" is the Internet-based service providing access to Your account(s). "Services" are the services available to You through the On-line Banking Service. "On-line Account" means any United Pacific Bank account from which You will be conducting transactions using the On-line Banking Service. "Password" is the code sent to You by United Pacific Bank for use during the initial sign-on, or the codes You select after the initial sign-on, that establishes Your connection to the Service. "Time of day" references are to Pacific Standard Time. "We", "Us", "Our", and "United Pacific Bank" means the financial institution. "You" and "Your" mean the account holder(s) and anyone else with the authority to exercise control over the funds in the account. 2. ACCESS TO ON-LINE BANKING United Pacific Bank will provide on-line instructions describing how to use the On-line Banking Service. You will gain access to Your On-line Accounts through the use of Your Internet-enabled device, Your Internet Service Provider, Your User Code, and Your Password. 3. INTERNET ACCESS You certify that you have access to the Internet. Neither United Pacific Bank nor any Provider will be liable for any costs you incur for maintaining Internet access. 4. SERVICE HOURS/BUSINESS DAYS The Services are available 24 hours-a-day, 7 days-a-week, except during special maintenance periods. We will attempt to limit downtime to those hours of operation least impacted by customer usage, when such options are available. For purposes of transactions, United Pacific Bank's business days are Monday through Friday, excluding holidays. All On-line Banking transaction requests received after 5:00 p.m. on business days, and all transactions requested on Saturdays, Sundays, or holidays[,] will be processed on the next United Pacific Bank business day. 5. USE OF YOUR PASSWORD You will be required to change Your password from the initial 4 digits password to a new unique password, only known by you, on the first time You access the On-line Banking Service. The password must be between 8 and 12 characters long. You may change Your password at anytime. We are entitled to act on any instructions under Your password. For security reasons, You agree not to allow anyone to gain access to the On-line Banking Service or to let anyone know Your Password used with the Services. We recommend that You not write Your Password down so that no other person can gain access to it. You agree to assume responsibility for all transactions up to the limits allowed by applicable law. 6. COMPUTER EQUIPMENT Neither United Pacific Bank nor Other Information Providers are responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider. You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing On-line Banking. United Pacific Bank will not be responsible for any errors or failures from the malfunction or failure of Your hardware or software. We reserve the right to change Our system requirements from time to time. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU. 7. ON-LINE BANKING SERVICES You can perform the following Services through the On-line Banking: o Obtaining Account Balance and Transaction History. You can obtain balance and transaction history on Your On-line Accounts. Account balance and transaction history reflects history through the close of the previous business day. Balance may include funds provisionally credited to Your account and thus not subject to immediate withdrawal. o Transferring Funds. Transfer funds among Your linked checking accounts, savings accounts, and money market accounts from accounts with the same signers and same vesting only. If United Pacific Bank becomes aware of account transfers with different signers or vesting, we will restrict the transaction and remove the account from on-line viewing. o Bill Payment Service. You may make one-time or recurring payments online from your checking account(s) (Money Market Checking is not included) to companies or individuals. (Some payments made by paper check will not be subject to this Electronic Fund Transfer disclosure. Any payment scheduled after 11:00 a.m. Pacific Standard Time will be processed as next business day’s transaction.) o Limitations. The following limitations apply:
o Downloading. Download transactions to Quicken, Money or Microsoft Excel software program. o Other Terms and Conditions
o New Services. New services may be introduced for On-line Banking from time to time. United Pacific Bank will notify You of the existence of these new services. By using these services when they become available, You agree to be bound by the rules that will be made available to You concerning these services. 8. ELECTRONIC COMMUNICATIONS To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding the Website or any Financial Service or any Provider (collectively referred to as "Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Website. You agree that you have the capacity to print, and that you will print, a paper copy of any electronic Communication and retain it for our records. All Communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. United Pacific Bank and the Providers reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying United Pacific Bank on behalf of itself and the Providers may terminate your right to use the Website or obtain Financial Services (including redeeming any deposit accounts), and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from any involuntary termination of a Financial Service, to the extent permitted by law. 9. UNAUTHORIZED TRANSFERS Tell Us immediately if You believe Your Password has been lost or stolen, or if the Password has been discovered by another person. Telephoning is the best way of keeping Your potential losses down ( You could lose all funds in Your account, plus any overdraft credit available to You. If You inform Us within two business days, Your losses will be limited to no more that $50 if someone used Your password without Your permission. If You do NOT tell Us within two business days after You learn of the loss or theft of Your password, and We can prove that We could have stopped someone from using the password without Your permission if You had told us, You could lose as much as $500. Also, if Your statement shows transactions that You did not make, tell Us at once. If You do not tell Us within 60 days after the statement was mailed to you, You may not get back any funds You lost after the 60 days if We can prove that We could have stopped someone from taking the money if You informed Us in time. If a good reason (such as a long trip or a hospital stay) kept You from telling us, We may extend the time periods. If You are a business, the limitations of liability for unauthorized transactions do not apply to You, such that You may be liable for all unauthorized transfers through the On-line Banking Service (see, Section, Provisions Applicable to Businesses, below) If You believe that Your Password has been lost or stolen or if Your Password has been discovered by another person, or that someone has transferred or may transfer money from Your account without Your permission, You should immediately call and/or write us, at the telephone number and/or address stated in Section, Error Resolution Procedures, below. If You give someone Your United Pacific Bank ATM and/or On-line Banking Password, You are authorizing that person to use the service, and You are responsible for all transactions the person performs using the service. All transactions that person performs, even those transactions You did not intend or want performed, are authorized transactions. If You notify Us that the person is no longer authorized, then transactions that person performs after the time You notify Us are considered unauthorized. Transactions that You or someone acting with You initiates with fraudulent intent are also authorized transactions. For Your protection, sign off after every Online Banking session and close Your browser to ensure confidentiality. 10. STATEMENTS You will continue to receive Your regular account statements on monthly basis or quarterly basis. You must examine Your statement with "reasonable promptness". If Your statement shows transfers that You did not make, You must promptly notify Us of the relevant facts. As between You and us, if You fail to do either of these duties, You will have to either share the loss with us, or bear the loss entirely Yourself. You agree that the time You have to examine Your statement and report to Us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you. You further agree that if You fail to report any unauthorized transactions or any other errors in Your account within 60 days of when We first send or make the statement available, You cannot assert a claim against Us on any items in that statement, and as between You and Us the loss will be entirely Yours. This 60-day limitation is without regard to whether We used ordinary care. 11. ERROR RESOLUTION NOTICE In case of errors or questions regarding an On-line Banking transaction, call United Pacific Bank at 626-965-6230 or write Us at: United
Pacific Bank We must hear from You no later than 60 days after We send You the first statement on which the problem or error appeared. We will require:
If the report is made orally, We may require that You send the complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days and will correct any error promptly after We hear from you. If more time is needed, however, We may take up to 45 days to investigate a complaint or question. If this occurs, We will provisionally credit Your account within 10 business days for the amount You think is in error. This will allow You to use the money during the time it takes Us to complete Our investigation. If Your complaint or question is requested in writing but not received in writing within 10 business days, We may not credit Your account until the investigation is completed. (Note: Our obligation to act within the 10 and 45 day periods mentioned above is extended to 20 business and 90 calendar days, respectively, if the notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to Your account was made.). If We determine that no error occurred, We will send You a written explanation within 3 business days after We finish the investigation, and debit the provisional credit in accordance with law. You may request copies of the documents that were used in the investigation. 12. PROVISIONS APPLICABLE TO BUSINESSES You agree that We may send notices and other communications including Password confirmations, to the current address shown in Our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that United Pacific Bank will not be responsible or liable to You in any way if information is intercepted by an unauthorized person, either in transit or at Your place of business. You agree to:
The limitations of liability for unauthorized transfers and the error resolution procedures set forth, above, do not apply to businesses or trust accounts. THE BANK WILL HAVE NO LIABILITY TO You FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING Your PASSWORD THAT OCCURS BEFORE You HAVE NOTIFIED Us OF POSSIBLE UNAUTHORIZED USE AND We HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE, AND You AGREE TO INDEMNIFY Us IN THE EVENT OF ANY THIRD PARTY CLAIMS ARISING OUT OF ANY UNAUTHORIZED TRANSACTIONS INVOLVING THE USE OF THE PASSWORD. We may suspend or cancel Your Password even without receiving such notice from you, if We suspect Your Password is being used in an unauthorized or fraudulent manner. If We fail or delay in making a payment or transfer pursuant to Your instructions, or if We make a payment or transfer in an erroneous amount which is less than the amount per Your instructions, unless otherwise required by law, Our liability shall be limited to interest on the amount which We failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or You canceled the instructions. We may pay such interest either to You or the intended recipient of the payment or transfer, but in no event will We be liable to both parties, and Our payment to either party will fully discharge any obligation to the other. If We make a payment or transfer in an erroneous amount which exceeds the amount per Your instructions, or if We permit an unauthorized payment or transfer after We have had a reasonable time to act on a notice from You of possible unauthorized use as described above, unless otherwise required by law, Our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If We become liable to You for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO You FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF We ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. 13. OFFICE OF FOREIGN ASSET CONTROL Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the Federal Register and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC. 14. LIMIT OF UNITED PACIFIC BANK AND OTHER PROVIDER'S RESPONSIBILITY United Pacific Bank agrees to make reasonable efforts to ensure full performance of On-line Banking. United Pacific Bank will be responsible for acting only on those instructions sent through On-line Banking which are actually received, and cannot assume responsibility for malfunctions in communication facilities not under Our control which may affect the accuracy or timeliness of messages You send. United Pacific Bank is not responsible for any losses incurred should You give incorrect instructions, or if Your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service. Any information You receive from United Pacific Bank or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for Your convenience and is not guaranteed. United Pacific Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information. Except as otherwise provided in the United Pacific Bank's Responsibility section below, neither United Pacific Bank, any Other Information Provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of On-line Banking. 15. UNITED PACIFIC BANK'S RESPONSIBILITY Except as provided by other Agreement with You or applicable law, United Pacific Bank will be responsible for Your actual losses if they were directly caused by Our failure to:
However, We will not be responsible for Your losses if:
If any of the circumstances listed above shall occur, We shall assist You with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed, upon your request There may be other exceptions stated in this agreement and in other agreements with you. In no event shall We be liable for damages in excess of Your actual loss due to Our failure to complete a transfer, and We will not be liable for any incidental or consequential damages. 16. OTHER AGREEMENTS In addition to this Agreement, You and United Pacific Bank agree to be bound by and comply with the requirements of the agreements applicable to each of Your On-line Accounts. Your use of the On-line Banking service is Your acknowledgment that You have received these agreements and intend to be bound by them. (You should review other disclosures received by You when You open Your accounts at United Pacific Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule). 17. MODIFICATIONS TO THIS AGREEMENT United Pacific Bank may modify the terms and conditions applicable to either Service from time to time upon mailing or delivering a notice of the modifications to You at the address shown on Our account records, and the revised terms and conditions shall be effective at the earliest date allowed by applicable law.We reserve the right to terminate this Agreement and Your use of the Services in whole or in part at any time without prior notice. 18. PRIVACY You agree that you have had an opportunity to review, download or print, and you agree to United Pacific Bank's Privacy Policy relating to the United Pacific Bank On-line Banking Service, The Financial Services and the Providers. 19. CHANGE IN TERMS United Pacific Bank may change, add, delete, or amend the terms of this Agreement and its On-line Banking Service at any time by sending You a notice. 20. INACTIVITY / TERMINATION You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which You access using electronic banking services. We can terminate Your On-line Banking privilege under this Agreement without notice to You if You do not pay any fee required by this Agreement when due, if You do not comply with the Agreements governing Your deposit or loan accounts, Your accounts are not maintained in good standing, We have reason to believe that here has been an unauthorized use of the Service or Password, or there are conflicting claims to the funds in Your account. We reserve the right to terminate Your use of On-line Banking Service for any reason, with or without cause, without affecting Your outstanding obligations under this Agreement, in which case United Pacific Bank will promptly notify you. If You are not paying a monthly service charge for the Service, We may convert Your account to inactive status if You do not sign on to the Service or have any transaction scheduled through the Service during any consecutive ninety (90) day period. If Your account is considered inactive, You must contact Us to have the Service activated before You will be able to schedule any transaction through the Service. If You desire to cancel or terminate the On-line Banking Service, You must notify United Pacific Bank and provide Your name, that You are discontinuing On-line Banking Service, and the effective date to stop the service. You may notify United Pacific Bank by one of the following methods:
United
Pacific Bank 21. NOTICES United Pacific Bank may send notices and transaction information to You at Your account address that You provide Us in connection with this Service. 22. APPLICABLE LAW This Agreement will be governed by the laws of the State of California and federal law. By using the On-line Banking Service, You acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which We implement in compliance with these procedures, unless You have given Us prior notice of possible unauthorized use as described above (and We had a reasonable opportunity to act on such notice).
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