Innovative Bank Electronic Disclosure and Consent

By providing your consent below, you agree that Innovative Bank (the “Bank”) may provide you with disclosures, notices and other communications to you in electronic form rather than in paper form. Before you decide whether or not you wish to give your consent to receiving electronic records instead of paper records, you should read and consider the following information. This consent contains important information, and you should keep a copy for your records.

You have the option of receiving the records in paper form, rather than consenting to electronic delivery. Call us at 510-899-6808 if you would like more information regarding this option.

Electronic Records

Except online periodic statements, which require a separate enrollment and consent, if you consent, you will receive the following disclosures, records or other information in electronic form:

1. Consumer Online Banking Agreement and Disclosure. The Consumer Online Banking Agreement and Disclosure contains the terms and conditions governing the online banking services offered by the Bank to you, including electronic fund transfers to or from your account. It also contains information that we are required to disclose under the Electronic Fund Transfers Act and its implementing Regulation E.
2. Any change in terms or special notices (such as change in terms to the Consumer Online Banking Agreement and Disclosure). This includes special notices that federal laws and regulations might require us to provide to you, from time to time.
3. Any other notice, record or information that is provided to you in connection with your accounts and services. This may include notification of privacy policies and changes related to your deposit accounts, or information security updates such as any data breach notice.

Requesting Paper Copies

You may obtain paper copies of any of the electronic records the Bank provides to you electronically by sending your written request to the Bank at Innovative bank’s Headquarters. If you request a paper-based copy, the Bank will provide it to you free of any bank fees or charges. The Bank will mail paper-based copies of an electronic record to you (at the address shown on our records) within 10 Days after the date the Bank receives your request for it.

Withdrawal of Consent

If you wish to withdraw your consent, you may do so at any time. Withdrawal of your consent will immediately terminate the delivery of future records to you in electronic form. Withdrawal of consent must be completed in writing and sent to Innovative Bank Headquarters. Your withdrawal will not effect the previously delivered electronic records.

Hardware or Software Requirements.

In order for you to access and retain the electronic records, you will need a computer with sufficient memory to store electronic records as well as a working connection to the internet. You will need a minimum web-browser version of Internet Explorer 6.0 or higher.

If the Bank changes the minimum hardware or software requirements needed to access or retain electronic records, and the change creates a material risk that you will not be able to access or retain a subsequent record, then before the change takes effect the Bank will let you know about the change and let you know what the new requirements are.

The Bank will notify you by e-mail, and at that time you will be allowed to choose whether you still want to give the Bank your consent to receiving communications or information by electronic records. If not, you will be allowed to withdraw your consent at that time, without any fee or charge by the Bank.

Email Address

In order to ensure that the Bank is able to provide you with important notices and other information from time to time, you must provide the Bank with your current e-mail address and update the Bank with any changes. You can update your e-mail address by logging on to your online account at www.innovativebank.com and click on the ‘click here to login button.’

If you download or print any confidential materials, such as your transaction history, be sure that you store them in a secure environment, just as you would paper-based bank records.

Please indicate your consent to the above terms by clicking on the “I Agree” button below. By providing your consent you also confirm that you are able to access this information in electronic form.


---------------------------------------------------------------------------------------------------


Consumer Online Banking Agreement and Disclosure

This Consumer Online Banking Agreement and Disclosure (“Agreement”) includes certain disclosures for electronic transfers and transactions. This Agreement will be effective as of the first day we make the Services accessible to you.

This Agreement is in addition to other agreements between Innovative Bank and you, including but not limited to (as applicable), your checking, savings, and other deposit account agreements, as may be modified from time to time. If there is a conflict between the terms and conditions of this Agreement and those contained in the other agreements between you and us, this Agreement will control.

1. General Terms

Definitions. In this Agreement, defined terms have the meaning given to them. In addition:

• An “account” means any deposit account you maintain with us and can include all accounts and products you use with us. Your “Account” is the account you have designated as the account accessible to the Services.
• Your “available balance”, “available funds” and similar words mean the balance in your Account as determined under our funds availability policy, plus any available funds from an overdraft protection account or an overdraft line of credit of yours (as applicable);
• “Communication(s)” means instructions and actions from you (or attributable to you under this Agreement or otherwise) received by us through the Services.
• Your “Security Codes” are the credentials (such as codes and passwords) that are associated with you and used by us to verify the authenticity of Communications from you. Security Codes are used to access Accounts and to use the Services. The Security Codes include any supplemental or alternative method used to verify the authenticity of Communications that may be offered or presented to you by us from time to time;
• The “Service(s)” are the on-line banking interface and the banking services described in this Agreement;
• The words “we,” “us”, “our”, “Bank” and similar terms are used to refer to Innovative Bank; and
• The words “you”, “your” and similar terms are used to refer to the person entering into this Agreement and to the each person who is an owner of or has an interest in an Account together with the owner’s authorized representatives.

Agreement. Subject to our approval and to any limits we impose, you may designate Accounts for access through our internet banking website and for the Services. We may act on requests for information, or requests to facilitate any Service requested on or associated with an Account, from any Account owner (including joint owners or borrowers on an Account) or their authorized representatives. Each time you use our Services or you permit any other person to use our Services, you are agreeing to the terms and conditions that we have set out in this Agreement, including any instructional materials regarding the Services, as amended.

Eligible Accounts. Only Accounts designated by you will be made accessible to you via the Services, and Accounts will only be made accessible after we have received a request from you to make the Account(s) available. The request must be made online. If you wish to add a new Account to, or remove an existing Account form you must come in to one of our four (4) branches. We are not, however, obligated to establish access to any or all of your Accounts, and not all Services may be available with all Accounts. Some Services may not be available without special application to and approval by us, or may be limited to specific types of Accounts.

Eligible Accounts include the following types: checking, money market, savings, and time deposits. In some cases, we may allow loans and lines of credit to be linked, which case you agree that the relevant loan agreement, note or other document is modified to the extent necessary to allow the transfers or other Services that may be utilized. Certificates of deposit are time deposits where early withdrawals may result. No online transactional activity is allowed on certificates of deposit, which are view only. Accessibility to Accounts may vary based on the Service(s) you use.

Sufficient Funds. You must have sufficient available funds in your Account to cover the amount of any transaction that would be charged to your Account. Subject to limitations set out in this Agreement, you can request payments up to the amount of available funds or available credit in your Account. We may hold (or “freeze”) funds at any time after you have initiated a Service for any reason, including as a means of reducing risks that there will be insufficient funds for completing the Service. If we do hold funds, we may treat the held funds as not available for other purposes, and reject other transactions (for example, checks or other transfer instructions) in any order we choose. We may allow overdrafts/overlimits or negative balances, but we also may discontinue the practice at any time with or without prior notice to you. We may prevent or reverse any payments or other Service in any order that we choose as a means of preventing or recovering any overdrafts or other exposures. If you do not have sufficient or available funds or credit, you may be charged an overdraft or other fee (such as fees for returned checks or other electronic items), as set forth herein and in the Schedule of Fees and Charges Attachment A. Nothing in this Agreement, or any course of dealing between us, shall be construed as our commitment or obligation to lend you money.

WAIVER OF TWO SIGNATURES AND OTHER ACCESS RESTRICTIONS: Your Accounts may be subject to access restrictions when you conduct transactions in person or when you are using systems other than with a Service. For example, there may be a requirement for two signatures on checks. If access restrictions exist, they do not apply to your use of the Services. We may limit or deny Services to you if there are access restrictions (for example, requirements for two signatures). Conversely, we may process your transactions based on Communications without regard to or any need to comply with access restrictions otherwise applicable to your Accounts. For example, we may ignore requirements for two signatures.

Compliance with Laws and Rules. You agree to comply with all state and federal laws, rules and regulations applicable to you and to your use of the Services (the “Laws”), including the operating rules of all systems used to provide Services to you (the “Rules”), and to provide evidence reasonably satisfactory to us of the same if requested by us. Without limitation, you agree and acknowledge that the Services may not be used by you in violation of the laws of the United States, including sanctions laws administered by the Office of Foreign Asset Controls.

Additionally, each Account and the Services will be subject to and governed by the following:

• The terms or instructions appearing on a screen when using a Service;
• Our “Deposit Account Terms and Conditions Agreement” and our rules, procedures and policies; and
• Applicable provisions of the rules of the National Automated Clearing House Association (NACHA) for bill payments facilitated through the ACH.

Email and System Messages. E-mail or messages sent by us to you will be deemed received by you when sent by us to you at your e-mail address as shown on our records. You agree to notify us (using the Service or otherwise in form acceptable to us) whenever your e-mail address changes. You agree that information or messages made available to you via the Services will be deemed received by you when first posted on our website or made available to you. You agree to access the Service from time to time, in no event less than monthly, to access this information or the messages.

Third Party Transfer Limitations. Federal regulations limit certain types of transactions/transfers from a money market or savings account. You are permitted to make no more than six transfers and withdrawals, or combination of them, per calendar month or statement cycle, to another account or to a third party by means of a preauthorized or automatic transfer, or telephonic (including data transmission) agreement, order or instruction, and no more than three of the six may be made by check, draft, debit card or similar order by you and payable to third parties. If you exceed these limits, we may impose a fee, close or convert your Account, limit your use of the Services, or any combination of the foregoing.

2. Computer Equipment and Software to Access the Services

To use the Services, you must have a sufficiently powerful computer hardware and appropriate software. At this time, this includes an internet browser that supports 128-bit encryption. Some Services may require you to download software from our website; in some cases, we may place software on your computer as part of our security and/or verification tools. You agree to abide by the intellectual property rights of others with respect to all software used by you or us in connection with the Services; among other things, you will not transfer, use, copy, disseminate, reverse compile, modify or alter, or otherwise appropriate any software code or program except as allowed and for the purpose of performing approved Services. You agree to maintain the confidentiality of the Security Codes at all times and not to provide access to them to anyone that you do not authorize to access your Accounts through the Services.

3. Privacy and Confidentiality

All information gathered from you in connection with using the Service will be governed by the provisions of our privacy policy, including the internet privacy policy (as applicable), which you agree to review by accessing on our homepage.

We will disclose information to third parties about your account or the transfers you make-

• Where it is necessary for completing transfers, or
• In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or
• In order to comply with government agency or court orders, or
• If you give us your written permission.

4. Linking Accounts

If you have more than one Account, you can request that we “link” the relationships together for access through the Services. Your request to link Accounts will be and remain subject to approval by us. You may also be required to enter into supplemental agreements with us. Accounts which are “linked” under the Services must have identical owners and authorized signers.

5. Security Code Credentials

During your enrollment for the Services, you are required to select or will be assigned certain numbers, codes, marks, signs, public keys or other means of authenticating your identity and electronic communications in your name, including multi-factor authentication techniques. These may include a customer number, logon name, and password. We may assign a customer number to be used by you, but you control the logon name and password. These credentials, with the other components of your Security Codes, will give access to your Accounts through the Service.

The password must be changed by you as part of your initial use of the Service. We recommend that you change your password frequently. You agree to change all passwords with sufficient frequency so as to protect confidentiality, and in any even no less frequently than every 90 days.

You agree to keep all Security Codes confidential; you agree not to write them down. We may offer to you or require you to use additional authentication tools or methods from time to time. If you choose not to implement supplemental authentication tools, your access to some or all Services may be limited. The term “Security Codes” will include any supplemental authentication tools that are used by you.

6. Available Service

With the Services, you can (subject to system limitations):

• Obtain Account information. Balances are updated as transactions are processed, except during nightly processing at the Bank. During this nightly processing your balances are as of the moment the nightly processing began. Balances may include funds that are not finally collected or available for immediate withdrawal. Account information allows you to view Account summary data and view Account statements (current and previous month’s statements). You may also access Account histories (Account histories extend for the current and the one prior Account statements).
• Transfer funds between Accounts (excluding certificates of deposit). (Transfers that have been completed cannot be canceled. A reverse transfer transaction must be processed.)
• Initiate check stop-payment instructions.
• Initiate bill payments (“Bill Payments”).
• Daily Cap for Internal Transfers: $4,999.00
• Daily Cap for Outside Transfers: $9,999.00

Services performed during nightly processing may not succeed when applied to your actual balance at the end of the nightly processing. A Communication received by us after the cut-off time on a business day, or on a day that is not a business day, may be treated by us as if it were received on the next business day. At our option, however, we may treat it as received the same day as the day of receipt. There can be a delay between the time when you send a Communication to us and the time we receive it. Our current cut-off hour for transfers between Accounts is 5:00 PM-Pacific Standard Time. Bill Payment and check stop payment orders may have separate cut-off hours.

7. E-Mail

Electronic mail (“e-mail”) sent to us is not a secure method of communication and we recommend you do not send information by e-mail. We may disregard e-mail we receive from you, or we may act on it, at our option.

8. Bill Payment Service

Technical Requirements; Charging Accounts; Fees. When using the Bill Payment Service, you must designate the Account (“Bill Payment Account”) from which the Bill Payments are to be made, the complete name of the payee, your Account number and the payee’s remittance address (as exactly as shown on the billing statement or invoice), the amount of the payment and the date you want the payment to be processed from your Bill Payment Account (“Payment Processing Date”). If the Payment Processing Date you want the payment to be processed is not a business day, then your Bill Payment Account will be processed the next business day. By using the Bill Payment Service option, you agree that we can charge your designated Bill Payment Account by electronic transfer, “no signature required draft,” or by debiting and remitting funds on your behalf.

Use of Vendors; Use of Information. We may use one or more bill payment vendor(s) to provide the Bill Payment Service, and you understand that various financial intermediaries and their servicers may be involved in processing any one of your Bill Payment instructions. These intermediaries may benefit from interest that accrues on Bill Payments between the time your Bill Payment Account is debited and the time the payee is paid. Any information you provide may be used by us or any of these other parties to complete or otherwise deal with your transaction or comply with any laws, rules or regulations. If there is a dispute between you and us, or either of Bank and any other person (including any merchant, payee, financial institution or other intended or actual recipient of any Bill Payment), you authorize us to obtain information regarding you, your Account and your Bill Payment obligations (or the absence of them) from any party that was involved in the Bill Payment transaction or that might otherwise assist in the resolution of the dispute or problem. This may include financial and other information.

Setting-Up Payees; One-Time and Recurring Payments. When you sign onto the Bill Payment Service, you must establish your list of payees. A payee is anyone, including Bank, that you designate to receive a Bill Payment; provided that we accept the payee for the Bill Payment Service. If we accept the payee, then the payee will be placed on your authorized list of payees. Each time you want to initiate a Bill Payment, the payee must be on your authorized list of payees. You can establish your list of payees by selecting the “Add” button on the “Set Up Accounts and Payee” screen available through the Bill Payment Service.

• Setting Up. We are not responsible if a Bill Payment is not made to a payee because you provided us with incomplete, incorrect or outdated information regarding the payee or we attempted to make a payment to a payee that is not on your authorized list of payees. Also, we reserve the right to refuse to approve a payee for your authorized list of payees and to otherwise prohibit payment to a payee via the Bill Payment Service.
• One-Time Payment – You can use the Bill Payment Service to make a one-time Bill Payment. A one time payment Bill Payment will be processed on the Payment Processing Date; provided that the Payment Processing Date selected by you is a business day and you submit your one time Bill Payment instruction prior to the Bill Payment cut-off hour for that date. If you select a Payment Processing Date that is not a business day or submit your Bill Payment instruction after the Bill Payment cut-off hour for that date, then the Payment Processing Date will be the next business day. For cut-off hours for Bill Payments, see the heading, “Bill Payment Cut-Off Hour,” below.

Recurring Payments – You can use the Bill Payment Service to make recurring Bill Payments. The Bill Payment Service will allow you to schedule Bill Payment instructions that will cause a Bill Payment to be processed from the selected Bill Payment Account on your selected frequency on an ongoing basis. However, if the future Payment Processing Date is on a non-business day, then the new future Payment Processing Date will be the next business day.

Available Funds. For current one-time Bill Payment instructions, you will need to have sufficient available funds in your designated Bill Payment Account to cover the amount of the Bill Payment on the same business day you logged onto the Service and we will debit your Bill Payment Account on that same business day; provided that you submitted the Bill Payment instruction prior to the Bill Payment cut-off hour for the business day and you have selected a Payment Processing Date that is the same business day as the day you logged onto the Service. If you submit your current one-time Bill Payment instruction after the Bill Payment cut-off hour, then the Payment Processing Date will not be the same day that you logged onto the Service, even if you designated such day to be the Payment Processing Date, and the one-time current Bill Payment instruction will be processed the next business day. Your Bill Payment Account will also be debited the next business day. For future one-time or recurring Bill Payment instructions, you will need to have sufficient funds in the designated Bill Payment Account on the business day before the Payment Processing Date, since we will debit your designated Bill Payment Account on the business day before the Payment Processing Date. You can initiate Bill Payments up to the available funds in your Bill Payment Account, plus any linked credit or other overdraft facility (as applicable). If you exceed these limits, then we may prevent (or reverse) Bill Payments in any order and in any amount that we choose, even if the result is to reduce your transactions to a level below the amounts needed to pay your bills.

Non-Recommended Payees. Bank does not recommend that you use this Service to pay your federal, state or local taxes, courts or other governmental entities. These agencies normally require an accompanying coupon, which cannot be provided via the Bill Payment Service. We will not be liable for penalties, interest or other damages of any kind if you try to use the Bill Payment Service to remit or pay money for taxes, or to courts or governmental agencies.

Bill Payment Cut-Off Hour. The Payment Processing Date is the date that we will initiate the Bill Payment. Bill Payments should be scheduled sufficiently in advance of the due date of your bill (“Due Date”) to allow the payee to receive it on the Due Date set by your payee and without taking into account any grace period that may be offered by your payee. Bill Payment instructions received by Bank after 1:00 PM –Pacific Standard Time of Bank’s local time or on a day that is not a business day of Bank (or of any bill payment vendor or intermediary that Bank may use) may be treated by us as received on the next business day, delaying payment.

Scheduling Payments in Advance of the Due Date. Electronic bills will be paid within 48 hours of the close of business of the Payment Processing Date. Some companies you pay through the Bill Payment Service are not set up for electronic payment and therefore will receive a paper draft on your behalf. These paper draft payments can take up to eight (8) business days to process before the payee receives the payment. You are responsible for ensuring that you initiate a Bill Payment instruction in time for the payment to reach the payee before its Due Date (without taking into account any grace period). You must allow at least eight (8) business days, prior to the Due Date, for each Bill Payment instruction to reach the applicable payee. We are not responsible for any damages you may suffer if you do not allow at least eight (8) business days between the Payment Process Date and the Due Date of your bill or obligation, without counting any grace period offered by the payee.

Payment Methods. We reserve the right to select the method in which to remit funds on your behalf. These payment methods may include, but may not be limited to, an electronic payment, an electronic check payment (where the check is drawn off Bank’s third party service provider’s account), or a demand draft payment (where a negotiable instrument is created and drawn off of your Bill Payment Account).

Payment Changes and Cancellation. You may change or cancel a Bill Payment instruction via the Service as long as you submit the change or cancellation request at least three business days prior to the Payment Processing Date for the Bill Payment instruction and you follow the Bill Payment instructions provided by the Bill Payment Service for changes and cancellations.

Accurate Information on Payees. The Bill Payment will be processed using the information you supply, and if the information you give to us is inaccurate or incomplete in any way the Bill Payment may be delayed or misdirected. If the Service provides you with a series of options regarding payee address or location, you are responsible for correcting that information if such information does not agree with your records or with your particular bill. Bank and the others that handle your Bill Payment (including the payee’s bank) are entitled to rely on information you supply, such as the payee’s account number or the routing number of the payee’s bank, even if the name you give to us and the number you give to us identify different persons. Electronic payments that are made through the ACH are subject to the rules of the ACH, and you agree to be bound by the Operating Rules of the ACH, including the rule making payment to the payee provisional until receipt by the payee’s bank of final settlement of the credit transaction. If final settlement is not received, you will not be deemed to have paid the payee the amount of the electronic bill payment.

9. Check Stop Payment Services

You may request a stop payment on a check issued on your Account(s) by completing the form presented as part of the check stop payment Service and submitting all the required information to us (“Check Stop Payment”). Check Stop Payments must be received by us in sufficient time prior to presentment of the relevant item for payment that we have a reasonable opportunity to act on the request. All Check Stop Payment orders, renewals and revocations of stop orders will be subject to our current policy on stop payment orders. Requests received after our cut-off hour, currently 5:00 PM or on a day that is not a business day may be deemed received the following business day. For significant or material items, contact us by coming to one of our branches or by telephone in addition to using the Services for Check Stop Payment. There may be a fee assessed for each Check Stop Payment request whether or not we receive the request in time to place the Check Stop Payment. Refer to Attachment A for the current fee.

You must give us timely, complete and accurate information, including the check date, payee, EXACT amount of the check, check number and reason for the stop request. If any information is incomplete or inaccurate, we will not be responsible for failing to stop payment on the check.

You may use the Check Stop Payment Service to stop payment on checks that you have written against your Accounts. If you wish to cancel or amend any other Service transaction (for example, the Bill Payment Service), you should use the process applicable to that Service and you will be subject to any limitations or inability to stop applicable to that Service.

You may not use the Check Stop Payment Service to stop payment on any ACH/EFT transaction, point-of-sale ACH/EFT transfer; any cashier’s check, certified check or other official institution check have purchased from Bank or any check which we have guaranteed. You understand that your Check Stop Payment request is conditional and will not be effective if we have not had a reasonable opportunity to respond to your request, or that stopping payment may subject us to risk of loss or damages under any law or regulation (including clearing house or other processor rules).

A Check Stop Payment request against a check is effective only against the check that is described in the Check Stop Payment request form; and does not cancel or revoke any authorization for future or recurring ACH/EFT transfers by you or by the same biller or originator. A Check Stop Payment order is effective for six (6) months only and will expire automatically, at which time you are responsible for any renewal desired by you for another six (6) month term.

10. Right to Stop Electronic Payment and Procedure For Doing So

If you have told us in advance to make regular electronic payments out of your Account, you can stop any of these payments. Here’s how:

You may follow the directions provided in the Services, to stop the payment through the Services, or

Call us at # 510-899-6800 or write to us at:

Innovative Bank

360 14th Street, Oakland CA 94612

in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you a fee for each stop payment order you give. Refer to the Service Fees and Charges Section of this Agreement for fee details. A separate process will apply to the extent you wish to initiate check stop payment requests through the Services. Refer to “Check Stop Payment Services,” above, for further details.

11. Liability for Failure to Stop Payment of Preauthorized Electronic Transfer

If you order us to stop one of these electronic payments three business days or more before the transfer is scheduled to be made, and we do not do so, we will be liable for your losses or damages.

12. Consumer Liability

Tell us AT ONCE if you believe any part of your Security Code, including your password, has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, as applicable).

If you inform us within two business days after you learn of the loss or theft of any part of your Security Code, including your password, you can lose no more than $50 if someone used your Security Code without your permission.

If you do NOT tell us within two business days after you learn of the loss or theft of any part of your Security Code, including your password, and we can prove that we could have stopped someone from using the Security Code without your permission if had you told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, including those made by card, code or other means, 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 said funds 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 will extend the time periods.

13. Contact In Event of Unauthorized Transfer

If you believe any part of your Security Code (including your password) has been lost or stolen call:

510-899-6800

or write : Innovative Bank, 360 14th Street, Oakland CA 94612

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your check without your permission.

14. Error and Questions

In case of errors or questions about your electronic transfers, telephone us at 510-899-6800 or write us at: Innovative Bank, 360 14th Street, Oakland CA 94612

as soon as you can, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.

• Tell us your name and account number (if any).
• Describe of the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
• The dollar amount of the suspected error.

If you tell us orally, we may require you send us the complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If more time is needed, however, we may take up to forty-five (45) days to investigate a complaint or question. If we decide to do this, 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 10 business days, we may not credit your account.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of the documents that were used in the investigation.

15. Service Fees and Charges

Our fees and charges are shown on our Schedule of Fees and Charges (Attachment A). We may impose new fees and charges, or increase or change existing fees and charges. We will provide advance notice of these changes to you as required by law. Other fees may be assessed and billed separately by your internet and/or telephone service provider. You agree to pay all fees and charges we impose. You authorize us to charge the designated Account and/or any other Account you hold with us to cover your fees and charges. You also authorize us to charge you according to our then-current fee schedule.

If you do not use this Service for any three-month period, we reserve the right to discontinue your Service without notice to you. To the extent permitted by law, you give us the right to set off any of your money or property which may be in our possession against any amount owed to us under this Agreement. This right of set off does not extend to any Keogh, IRA account, or similar tax-deferred deposit.

16. Business Days

Our business days are Monday through Friday, except federal bank holidays and state holidays that may be observed.

17. Hours of Operation

You will generally be able to use Services seven days a week, 24 hours a day. However, a Service may not be available due to system maintenance or circumstances beyond our control. Services may be added, cancelled or limited at any time or from time to time, with or without cause or notice (except as required by law).

18. Changes/Interruptions in Services

We may, on a regular basis, perform maintenance on our equipment or system, which may result in interrupted Service or errors in a Service. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided.

19. Harm to Computer Systems/Data

You agree that we will not be liable for viruses, worms, trojan horses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site. We will not be responsible or liable for any indirect, incidental or consequential damages that may result from such harmful components.

20. Performance of Software and Electronic Service

WE MAKE NO WARRANTY TO YOU REGARDING ANY SERVICE OR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

21. Financial Institution’s Liability

If we do not complete a transfer to or from your account 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 some exceptions. We will not be liable, for instance:

• If, through no fault of ours, you do not have enough money in your account to make the transfer.
• The transfer would go over the credit limit on your overdraft line (if applicable).
• Circumstances beyond our control (e.g., fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer, despite reasonable precautions that we have taken.
• The computer or related system was not working properly and you knew about the breakdown when you started the transfer.
• Your funds are subject to legal process or other encumbrance restricting the transfer.

There may be other exceptions stated in this Agreement and in other agreements with you.

22. Ownership of Material

The reproduction or distribution of the content and information on our site is strictly prohibited.

23. Documentation

You will get a monthly account statement (unless there are no transfers in a particular month). In any case, you will get the statement at least quarterly.

24. Preauthorized Credits

If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at 510-899-6800 to find out whether or not the deposit has been made.

25. Severability

Wherever possible, each provision of this 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 this 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 this Agreement.

26. Entire Agreement

This Agreement contains the entire agreement between the parties and no statements, promises or inducements made by either party or agent of either party that are not contained in this written Agreement or other documents referenced by this Agreement. This Agreement may not be enlarged, modified or altered except in writing in accordance with the above provisions.

27. Choice of Law

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, except where preempted by federal law.

28. Amendment of this Agreement

We may amend this Agreement (including changes in its fees and charges hereunder) by giving notice to you before the effective date of the amendment, unless such change or amendment is otherwise required by law or applicable regulation and unless prior notice is excused by law. Your continued use of the Services is your agreement to the amendment(s).

29. Additional Terms and Conditions

a) Waiver

We may waive any term or provision of this Agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.

b) Assignment

We may assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party. You may not assign your rights or obligations under this Agreement, and any effort by you to do so is unenforceable at our election.

c) Termination; Suspension; Delay

Except as provided above, we may terminate or suspend this Agreement and any service provided hereunder at any time upon prior notice of termination to you. We reserve the right to terminate or to discontinue support of any Service, or delay or refuse processing any transaction, without written notice. You may terminate this Agreement upon 30 days written notice to us. Termination of this Agreement will not affect any rights we may have, or any obligations you may have, as to any transaction or Services caused or attempted by you before termination.

By clicking below, you are agreeing to the terms and conditions set forth in this Agreement.