eBanking Agreement and Disclosure
In this Agreement, "Presidio Bank," "Bank," "we," "our," and "us," refer to Presidio Bank. "You" and "your" refer to any person authorized to access one or more accounts using eBanking and each person who has an interest in an account or other relationship which is accessible through eBanking. "eBanking" means the personal eBanking service provided by Presidio Bank, including eBanking through PFM software and eBanking through presidiobank.com. "Bill Pay Service" and "Service" refer to the electronic bill payment system available through eBanking. "Electronic message" means an electronically transmitted message which allows the text to be displayed on equipment in the recipient's possession (such as a modem-equipped personal computer). An electronic message is considered written notice for purposes of this Agreement.
"Primary Account" refers to the one account that you have designated as the account from which all your eBanking service fees (including Bill Pay Service fees) will be paid. Your Primary Account must be a checking account. "Account" or "accounts" refer to your accounts that may be accessed through eBanking, including the account you have designated as the Primary Account. "Access Password" or "password" is the Personal Identification Number (or PIN) which has been assigned to you or which you select to access eBanking. "Payee" is a person, business, or any other entity to whom you direct payments through the Bill Pay Service. "Agent" has the same meaning as used in the Presidio Bank Deposit Account Agreement. "Payment instructions" are instructions you give us through eBanking to make a payment on your behalf, from funds in an account that you designate, using the Bill Pay Service. "Transfer instructions" are instructions you give us through eBanking to transfer funds between accounts you can access through eBanking. "Business day" means any day Monday through Friday, except bank holidays.
"PFM software" means versions of the following software through which you may access certain online banking services over an Internet connection: Microsoft® Money and QuickBooks/Quicken®.
"presidiobank.com" means online banking accessed over an Internet connection and viewed via a web browser. "Include," "includes," and "including" are used to indicate examples and not to limit what is covered. Other terms may be defined below.
Our Agreement with You.
Your use of eBanking (including Bill Pay) is governed by this Agreement, the Disclosure of Products and Fees applicable to your accounts, your application (if required) for eBanking and Bill Pay Service, any instructions we provide you on using eBanking, and any other agreements applicable to the deposit or loan accounts you access through eBanking, including our Deposit Account Agreement and any other applicable loan agreement, as they all may be amended from time to time. Bill Pay is governed by your agreement with Metavante, in addition to the foregoing. Any use of eBanking by you, or by anyone you authorize, is your acknowledgment that you have received this Agreement, understand it, and agree to be bound by it. In the event of any conflict between this Agreement and any other agreement governing your deposit or loan accounts, this Agreement will control.
Access to eBanking.
To use eBanking, you need a computer, with modem or equivalent communications connection device, Internet service with a service provider of your choice, your password, and your Customer ID. We will assign you a password to use the first time you log in to eBanking. At the time you first log in, you must select a new password. You may change your password at any time, but not more than once on the same day. We may require that you change your password periodically. It is your responsibility to remember your password; we do not maintain a record of it.
You also need a web browser meeting the minimum requirements described on presidiobank.com, which may change from time to time by notice to you. To use eBanking through PFM software, you must license the PFM software from the vendor (Microsoft® or Intuit) and meet the minimum technical requirements of the PFM software and any additional minimum technical requirements described on presidiobank.com, which may change from time to time. Your use of PFM software, a web browser, and Internet service are governed by your license and other agreements with the applicable vendor. You are responsible for correct installation and set-up of PFM software, the web browser, and your Internet service and their related security settings and for obtaining any new releases or updates required to use eBanking. Your ability to access certain eBanking services may be limited by the version of PFM software or web browser you are using. To print or electronically retain information you view using eBanking, you must have a printer or the ability to download the information onto your computer. Except as required by law or regulation, we do not provide paper copies.
Use of Your Password.
When you or any authorized user logs in to eBanking using your Customer ID and password, you authorize us to follow the instructions we receive relating to your accounts and to charge and credit your accounts according to those instructions. Since your password is the principal security measure to protect access to your accounts, you agree that you will not give your password or make it available to any unauthorized person. If you do give your password or make it available to another person, you authorize that person to access your accounts through eBanking and to give us eBanking instructions relating to your accounts as an authorized user. You also authorize us to comply with those instructions even if that person exceeds your authorization.
Except to the extent prohibited by applicable law or regulation, you will be deemed to have expressly authorized any eBanking transaction 1) initiated by you, at your direction, or with your consent (whether expressed or implied), 2) initiated by an agent with respect to any account which you may access through eBanking, 3) initiated by a member of your household, whether or not related to you, 4) initiated by any person (or that person's agent) who is the owner or co-owner of any account which you may access through eBanking, 5) which results in the transfer of funds between accounts you may access through eBanking, even if subsequent transfers out of the accounts benefit someone else, 6) which is to or for your benefit (for example, the payment of a debt for which you are partially or fully liable), or 7) which you contend is unauthorized unless you cooperate fully with us in our investigation of the transaction, assign to us your right of recovery against the wrongdoer if we reconstitute your account, and cooperate fully with us in the recovery of any loss we sustain and the prosecution of any wrongdoer. Any person initiating the foregoing transactions will be deemed an authorized user except to the extent prohibited by applicable law or regulation.
If You Believe Your Password is Lost, Stolen or Used Without Your Authority.
Please tell us AT ONCE if you believe your password has been lost, stolen, or used without your authority. You could lose all the money in your account, plus the maximum amount of any line of credit linked to your account. Telephoning is the best way of keeping your possible losses down. You should CALL YOUR LOCAL BANKING OFFICE IMMEDIATELY. If you cannot reach us by telephone, you may write to us. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement. Please refer to the Regulation E Disclosures in your Deposit Account Agreement for important information about your rights and obligations in the event of unauthorized transfers from your account.
Reliance on Your Instructions.
We may rely and act on instructions we receive through eBanking from you, from anyone to whom you gave your password or made your password available, from anyone acting at your direction or with your consent (express or implied), from anyone acting with authority from you (express or implied), from any person who is an agent with respect to any account which you may access through eBanking, and from any co-owner or other person having an interest in the account. All such instructions will be considered as having been given to us directly by you, and shall have the same authority as your written signature in authorizing us to comply with the instructions.
Services Available Through eBanking.
You may use eBanking to conduct the following account transactions: 1) obtain information concerning your deposit and certain of your loan accounts, 2) transfer funds between certain of your accounts, 3) transfer funds from your deposit accounts to make payments on certain loan accounts with us, 4) request us to stop payment on checks, 5) request copies of checks and statements, 6) pay bills electronically, and 7) request notification of certain transactional activity on your account(s). Using the Bill Pay Service feature of eBanking, you can direct that payments to third parties be made from an account that you designate. Your use of eBanking to conduct these services is subject to the terms and limitations stated in this Agreement and the applicable instructions we provide you. We may introduce additional eBanking services from time to time and will notify you as these new services become available. By using any new eBanking services when they become available, you agree to be bound by this Agreement, any amendments to this Agreement regarding the new services, and any additional rules which we provide you concerning the new services. In addition, we may change or remove services as we revise or update eBanking; in this case, we may terminate or modify this Agreement as to prior versions of eBanking and limit access only to revised or updated services.
We may make available an electronic statements program under which eBanking customers may elect to receive their account statements through eBanking. If you receive electronic statements, you will receive an email notifying you that your current account statements are available for viewing. The email will be sent to your current email address on record with us, so please advise us of your current email address. When available, your statements may be viewed in eBanking and printed if you have a printer with appropriate printing software. You may be required to have additional software on your computer, such as Adobe®, in order to view the statements.
Accounts you may access.
Deposit and Loan Accounts.
Subject to any restrictions we may impose from time to time, you may access certain of your Presidio Bank deposit and loan accounts through eBanking. You must be the owner or a co-owner of each account. You must designate one of your accounts as the Primary Account for service charges.
You may use eBanking to obtain balance information and transaction histories for certain deposit and loan accounts. If you use PFM software to access eBanking, you may not be able to view or obtain information concerning installment loans or credit card accounts. Balance information and transaction histories reported through eBanking may not include transactions which have occurred since the close of business on the previous banking day. Balance information shown for your deposit accounts may include Current Balance and Available Balance. These balance amounts may differ. The Current Balance is the ending balance in your account as of the close of the previous banking day and does not include any holds which may have been placed on your account. The Available Balance is the Current Balance less any holds and includes certain debits and credits which have taken place since the close of the previous banking day, for example, ATM deposits and withdrawals, cash deposits, wire transfers, and other online activity. The Available Balance provides the most current balance information. Transaction history information is available for your current statement cycle plus the previous two statement cycles.
Transfers from One Account to Another.
Transfers within Presidio Bank
eBanking permits you to transfer funds from a deposit account to certain other accounts you have with us that you can access through eBanking, including other deposit accounts, a line of credit or credit card, and installment loans. The "transfer date" is the date you enter for the transfer of funds from one account to another. Transfer of funds from a deposit or equity line of credit account to a deposit account will generally be processed simultaneously on the transfer date regardless of the day or time of the transfer. For example, if you transfer funds from deposit Account A to deposit Account B, the funds will be debited from deposit Account A and credited to the available balance in deposit Account B simultaneously on the transfer date. The funds will be available immediately upon the transfer for withdrawal from deposit Account B through an ATM or debit card transaction or at a teller window, and will also be available to honor checks or other items presented for payment against deposit Account B in the nightly processing following the transfer. Transfers of funds from a deposit or equity line of credit account to a loan account (including an equity line of credit account) will be processed as follows: 1) the transfer will be debited to your deposit or equity line of credit account when we execute the transfer on the transfer date (regardless of the day or time we receive your instructions); and 2) the transfer will be credited to your loan account during our nightly processing of the loan account. The transfer will be credited to your loan account on the transfer date if 1) the transfer date you designate is a business day, and 2) we receive your instruction to transfer the funds to your loan account no later than 5:00 p.m. Pacific Standard Time on the transfer date. If you designate a non-business day as the transfer date, or if we receive your transfer instructions after 5:00 p.m. Pacific Standard Time on the transfer date, the transferred funds will be credited to your loan account as of the next business day following the transfer date.
Bill Pay Service.
The Bill Pay Service feature of eBanking allows you to instruct us to pay bills designated by you in accordance with the instructions we provide you. Your Bill Pay Service transactions will be processed for the Bank by Metavante Corporation ("Metavante"), a major provider of electronic banking transaction processing services. References to "we" and "us" in this section refer to both the Bank and Metavante. If you use PFM software to access online banking, some Bill Pay Service features and terms may differ from features and terms available or applicable to eBanking through Presidio Bank. In addition to this Agreement, your access to and use of the Service are governed by the instructions you receive from the Service and by Metavante's terms and conditions for the Service.
You may be able to utilize a bill delivery and presentment service provided by Metavante. Bill delivery allows you to view certain bills using your PFM software interface or web browser, as applicable. Bill delivery, if available, is provided to you by Metavante and not by Presidio Bank, even if the service is provided through eBanking.
Security Alerts are sent to you automatically when changes are made online to your email address, Customer ID, Password, and/or telephone number. We will send Security Alerts to you at the Profile email address we have for you in our records and to your Alerts Inbox, which you will see when you log in to your eBanking account. Security Alerts are included in our eBanking service and are not optional.
Account Alerts are sent to you only if you complete our Account Alerts enrollment process. You must enroll online for Account Alerts and will be prompted to select the accounts and types of transactions for which you will receive the Alerts. Examples of transactions you may select for Account Alerts include: drops in your account balance below your specified threshold, debits and/or credits above or below your specified amounts, insufficient funds in your account to cover a check or electronic debit that is presented for payment to your account, payments of checks or electronic debits that overdraft your account, and daily balance summaries.
When you enroll for Account Alerts you will be asked to designate email address contact points to which the Account Alerts will be delivered ("Contact Points"). In addition to your designated Contact Points, your Account Alerts will also be delivered to your Alerts Inbox within eBanking. Your enrollment for Account Alerts constitutes your consent to our delivery of Account Alerts to your designated Contact Points. You are responsible for notifying us of any changes to your email address and Contact Points, and we will have a reasonable time to make such changes (but no less than two (2) business days).
You may make additions, deletions, and modifications to your Alerts selections at any time. To modify or discontinue your Account Alerts, log in to your eBanking account and change your selections from the Notifications page.
General Information about Alerts
Alerts are available only for your accounts that may be accessed through eBanking. We will not include your full account number in an Alert; however, Alerts may contain our name and certain other information about your accounts depending upon the Alert, such as information pertaining to your account balances, debits or credits to your account, or insufficient funds. Anyone with access to your email may be able to access the contents of the Alerts. It is your responsibility to secure your computer, secure and protect your Customer ID and Password and otherwise secure and protect your email from unauthorized access, and provide us with timely and accurate information about your email address and designated Contact Points, in order to protect the confidentiality of your information.
Alert balances will not reflect pending transactions, and deposits mentioned in an Alert may not be available for immediate withdrawal. If you require additional details about a transaction contained in an Alert, you may log in to eBanking to view transaction information or send us a secure email through eBanking. You may also contact your local banking office.
We do not guarantee the delivery or accuracy of the contents of Alerts. We shall not be liable for any (a) delay, failure to deliver, or misdirected delivery of an Alert; (b) errors in the content of an Alert; or (c) actions taken or not taken by you or any third party in reliance on an Alert. We may change, suspend or terminate the Alerts service at any time without prior notice.
For security reasons, we may impose additional limits on the frequency, number, and dollar amounts of transactions you can perform using eBanking. In addition, as noted herein, we reserve the right to refuse to pay any person or entity to whom you may direct a payment through eBanking. We will notify you promptly if we decide to refuse to pay a person or entity designated by you; however, this notification is not required if you direct us to make any payment which is otherwise prohibited under your agreements with us. For savings and money market accounts, federal regulations limit third party or pre-authorized transfers and withdrawals to six per statement cycle. Please refer to the Deposit Account Agreement for additional information on these restrictions.
Mobile Banking is offered as a convenience and supplemental service to our eBanking service. It is not intended to replace access to eBanking from your personal computer or other methods you use for managing your accounts and services with us. Mobile Banking allows you to access your Presidio Bank account information, make payments to payees, transfer funds and conduct other banking transactions. To utilize the Mobile Banking Service, you must be enrolled to use eBanking.
You agree that, when you use Mobile Banking, you remain subject to the terms and conditions of your existing agreements with any unaffiliated service providers, including, but not limited to, your mobile service provider and that this Agreement does not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of Mobile Banking (such as data usage or text messaging charges imposed on you by your mobile service provider for your use of or interaction with Mobile Banking), and you agree to be solely responsible for all such fees, limitations and restrictions. You agree that only your mobile service provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your provider directly without involving us.
Any deposit account, loan or other banking product accessed through this Service is also subject to the Account Agreements and Disclosures provided at the time of Account opening. You should review the Account disclosures carefully, as they may include transaction limitations and fees which might apply to your use of Mobile Banking.
If your use of eBanking overdraws your account and the overdraft is not covered by an approved line of credit relating to the overdrawn account, you agree to make immediate payment to us of the amount of any such overdraft, together with related service charges. You also agree that we may charge the overdraft and related service charges against your other accounts with us to the extent permitted by law or by your Deposit Account Agreement. Please refer to the Deposit Account Agreement for additional information on overdrafts and NSF items.
Your Right to Stop Payment and Your Right to Receive Notice of Varying Amounts.
Alternatively, you may change or cancel bill payment or funds transfer instructions if you call or write us in time for us to receive your change or cancellation instructions seven business days or more before the designated payment or transfer date. If you call, we may also require you to put your request in writing and to get it to us within 14 days after you call. Normal service charges apply for each change/stop payment order requested by telephone or in writing. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement.
Your Liability for Unauthorized Transfers.
We will send you a monthly account statement for your checking and savings accounts unless there are no transfers in a particular month. In any case, we will send you a statement for your checking and savings accounts at least quarterly. The statement will show Bill Pay and other eBanking transfers. If your statement shows transfers that you did not make, tell us AT ONCE. You should CALL YOUR BANKING OFFICE IMMEDIATELY. If you cannot reach us by telephone, you may write to us. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement. Please refer to the Regulation E Disclosures in your Deposit Account Agreement for important information about your rights and obligations in the event of unauthorized transfers from your account.
Errors and Questions.
Contact us as soon as you can if you see errors or have questions about your electronic transfers, or write us if you think your statement or any account or transaction information reflected on eBanking is wrong or if you need more information about a transfer listed on your statement. You should CALL YOUR BANKING OFFICE IMMEDIATELY. If you cannot reach us by telephone, you may write to us at the address listed. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement. Alternatively, you may call or visit your local banking office.
We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When you notify us: 1) tell us your name and account number, 2) describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information, and 3) tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. Please refer to the Regulation E Disclosures in your Deposit Account Agreement for important information about your rights and our obligations with respect to resolving errors or questions about your electronic fund transfers. If you have questions regarding the operation of your web browser, or Internet connection, please direct your inquiries or correspondence to the vendor of that product. If you use Quicken® to access eBanking, you will be a customer of Presidio Bank with respect to eBanking, and not of Intuit.
Our Liability for Failure to Make Transfers.
We will use our best efforts to comply with your transfer and payment instructions. However, we will incur no liability (and no obligation as to late charges) if we are unable to complete any of your transfer or payment instructions due to the existence of certain circumstances. Please refer to the Regulation E Disclosures in your Deposit Account Agreement for important information about limitations on our liability.
Provided none of the circumstances limiting our liability are applicable, if we cause an incorrect amount of funds to be removed from your account and our action was unintentional and resulted from a bona fide error on our part, we will be responsible for returning the improperly transferred funds to your account. If you have scheduled a payment in accordance with the Service terms (including all exceptions), but your payment posts after its payment due date because of our delay, the Service will bear responsibility for no more than $50 in late payment charges you actually incur for that payment. We will not be liable for other losses and damages caused by our failure except to the extent specifically required by law.
One of the features of eBanking is electronic mail ("Bank Mail"), which allows you to communicate with us electronically. If you send us an electronic mail message, we will be deemed to have received it on the following business day. We will have a reasonable time to act on your email. Do not rely on email if you need to communicate with us immediately, for example, to report an unauthorized transaction from one of your accounts or to stop a pre-authorized payment. Bank Mail messages sent to the Bank are the property of the Bank, and we reserve the right to delete such messages from the system from time to time. You agree that we may send you electronic messages about products or services we offer.
Fees and Charges.
You agree that we may charge your Primary Account for all fees and charges relating to eBanking in accordance with the applicable fee schedule. We reserve the right to change applicable fees and charges at any time. We will provide you with any notice required by law of any changes to our fees and charges. If your Primary Account or a Bill Pay Service designated account does not have a sufficient balance to pay all applicable fees and charges due, we may exercise our right of setoff against any of your other accounts as provided by law or your Deposit Account Agreement. Any applicable fees will be charged regardless of whether you use a service during the billing cycle.
Termination or Discontinuation.
You may terminate or discontinue eBanking by giving us at least 10 days' prior written notice by telephone or in writing. You may call or write us using the contact information provided in the Bank Contacts section at the end of this Agreement. You will not be entitled to a refund of any prepaid fees or charges. You must tell us your name and address; whether you are discontinuing eBanking, Bill Pay Service, or both; and the effective date to stop the service.
When the Bill Pay Service is terminated, any prescheduled bill payments made through eBanking will also be terminated. Your final charge for the Bill Pay Service will be assessed at the end of the month. If you terminate a Bill Pay Service, you authorize us to continue making fund transfers, bill payments, and other transactions you had previously authorized until we have a reasonable opportunity to act upon your termination notice. If you are not paying a monthly service charge for the service, we may convert your account to inactive status if you do not log in to the service or have any transactions scheduled through the service during any consecutive ninety-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.
We can refuse eBanking services to anyone. We may terminate your eBanking services at any time without prior notice and with or without cause. If you withdraw your consent to receive electronic communications regarding eBanking, this Agreement automatically will terminate at the effective time of the withdrawal of consent. If more than one person can access an account through eBanking, we reserve the absolute right to terminate all eBanking access to the account upon the request of the account owner, any account co-owner, or any other person authorized to access the account. In addition, Metavante may terminate your access to the Bill Pay Service without prior notice to you, with or without cause. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement, and you will remain liable for payments, transfers and other transactions in process and for the payment of any accrued fees and charges.
Any notice we give you concerning eBanking and/or your accounts is effective when we send you an electronic message to your external email address or using Bank Mail, when you access or use eBanking after the effective date of a notice posted on our web site on or near the login page, or when we mail or deliver the notice to you at the address we have for you in our account records. We will email or mail to you notices or alerts of disclosures covered by Regulation E or the Electronic Fund Transfers Act. Any notice we send you will be deemed to have been received by you at the earlier of (i) your confirmation of receipt or (ii) within three days of being sent. If any of your accounts has more than one co-owner, notice to any one co-owner will be considered effective notice to all. You agree that we may send you by means of an electronic message any information we are required by law or regulation to provide you. We do not provide paper copies unless required to do so by law or regulation. A notice that alerts you to availability of a disclosure on an Internet web site and provides you with the web site address of the disclosure, in lieu of sending you the entire disclosure, will be sufficient notice, absent a legal restriction. BY ACCEPTING THIS AGREEMENT, YOU AGREE THAT WE MAY SEND YOU ELECTRONIC MESSAGES ABOUT PRODUCTS OR SERVICES WE OFFER (INCLUDING ADVERTISEMENTS), although you may opt-out from email advertising by following the instructions in the email advertisement or by contacting us at the address under "Notices to Us" with a written request to opt-out of email advertising.
Change of Address.
You agree to notify us promptly of any address change, including regular mail and electronic mail addresses. Please contact your local office, or if you cannot reach us by telephone, you may write to us. To call or write us, use the contact information provided in the Bank Contacts section at the end of this Agreement. You also may change your email address by updating your email address in the "My Profile" section of the eBanking service.
Joint and Several Liability.
If any one or more of your deposit accounts has co-owners, each co-owner will be jointly and severally liable for any obligation which arises from the use of eBanking to access the account. This joint and several liabilities shall extend as well to any line of credit accessed through any such account.
You authorize us and our agents to request and obtain consumer reports on you from any consumer reporting agency and to obtain and verify information relating to you and your accounts from any other source. You also authorize us to disclose any information relating to you and your accounts (i) to any consumer reporting agency or any other person or entity we reasonably believe is conducting a legitimate credit inquiry, (ii) to any financial institution, (iii) to any account information service (such as Chex Systems or Equifax), (iv) in response to any subpoena, summons, court or administrative order, or other legal process which we reasonably believe requires our compliance, and (v) to any law enforcement officer if we suspect any wrongdoing in connection with any of your accounts. You further agree that we may obtain financial information regarding your accounts with any of your designated payees to resolve payment problems. From time to time we are legally required to provide information in response to court or administrative orders, subpoenas, summonses, tax levies, or other such legal process. You agree to pay our standard charges for the research and copying of documents and for any other expenses we incur in complying with such legal process including, but not limited to, our attorneys' fees. Our fees will be determined from our Disclosure of Products and Fees in effect at the time that the services are rendered, and we will charge your Primary Account for any such fees or expenses.
Disclosure of Account Information.
We only disclose information about your accounts as set forth in our Privacy Statement. You may obtain a copy of our Privacy Statement at presidiobank.com or by calling one of our banking offices.
The consumer protection provisions of the federal Electronic Fund Transfer Act and the Federal Reserve Board's Regulation E apply only to electronic fund transfers involving consumer checking and savings accounts established primarily for personal, family or household purposes. If your account is owned by an entity other than a natural person or was established primarily for business, commercial or agricultural purposes, then any eBanking electronic fund transfer will be considered an "authorized use," and your liability for any eBanking transaction relating to that account will be unlimited, notwithstanding the provisions of the federal Electronic Fund Transfer Act, Regulation E, or any standardized literature or disclosures we may send you. You will be fully responsible for the security of your password with respect to each such account, whether the transaction or the use of the password is authorized or unauthorized.
We may on a regular basis perform maintenance on our equipment or system which may result in interrupted service or errors in the 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. We make no representation that eBanking services (including without limitation Bill Pay Service) will be uninterrupted or error free. Our sole obligation to you arising out of (i) the non-availability of eBanking, or (ii) an interruption or delay in providing eBanking shall be to use commercially reasonable efforts to resume such services. THE FOREGOING SHALL CONSTITUTE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL THE BANK OR CHECKFREE (OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUEN-TIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF WE ARE ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF ANY COMPUTER EQUIPMENT, THE EBANKING SERVICE, AND/OR THE BILL PAY SERVICE. WE MAKE NO WARRANTY, EXPRESSED OR IMPLIED, TO YOU CONCERNING EBANKING, PFM SOFTWARE, WEB BROWSERS, INTERNET SERVICES, OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGE-MENT, EXCEPT TO THE EXTENT LIMITED OR PROHIBITED BY LAW. IN NO EVENT SHALL ANY LICENSOR OR PROVIDER OF ANY SOFTWARE OR SERVICE PROVIDED BY OR THROUGH US HEREUNDER BE LIABLE TO YOU FOR ANY ERROR, LOSS OF DATA, MALFUNCTION, OR DEFECT OF OR CAUSED BY SUCH SOFTWARE OR SERVICE. ALL SUCH SOFTWARE AND SERVICES ARE PROVIDED "AS IS."
Liability for Loss of or Erroneous Data.
Each party will bear the liability or the risk of any error or loss of data, information, transactions or other losses which may be due to the failure of their respective computer system or third party communications provider on which each party may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system, including but not limited to damage or loss resulting from date related problems.
You agree that we are not responsible for any electronic virus that you may encounter using eBanking. We encourage you to routinely scan your PC and diskettes using any reliable virus protection product to detect and remove any viruses found. Undetected or unrepaired, a virus may corrupt and destroy your programs, files and even your hardware.
The content and information on our site is copyrighted by Presidio Bank and the unauthorized reproduction or distribution of any portions is prohibited. PFM software and web browsers are owned and licensed by the applicable vendor and are not provided by Presidio Bank. Microsoft® and Microsoft® Money are trademarks of Microsoft Corporation or its affiliate, and Intuit and Quicken® are trademarks of Intuit Inc. or its affiliate.
Entire Agreement; Amendments.
This Agreement (including Exhibits) is the entire agreement between you and us with respect to our eBanking and Bill Pay services and it supersedes any marketing or other similar material pertaining to such services whether delivered to you in writing, verbally or obtained at our site or the site of an Internet service provider. We reserve the right to amend this Agreement at any time. We will provide you with any notice required by law or this Agreement of any changes to the terms of this Agreement, which notice may be provided electronically. Your use of eBanking after we amend this Agreement will constitute your acceptance of such changes. You may decline changes by terminating eBanking, in the manner provided in this Agreement, before the changes go into effect.
You may not assign this Agreement to any other person or entity. We may assign this Agreement to any company with which we are directly or indirectly affiliated. We may also assign or delegate certain of our rights or responsibilities under this Agreement to independent contractors or other third parties.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless we send the waiver to you by electronic message or we otherwise mail or deliver to you a written waiver signed by us. No delay or omission on our part in exercising any of our rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies we may have. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law's provisions, and applicable federal law.
Except to the extent prohibited by law, we reserve the right to review and/or monitor transactions and instructions submitted via eBanking for security, legal compliance, fraud, and related purposes.
Please call your local Presidio Bank banking officeor
Cash Management Department
One Montgomery Street, Suite 2300
San Francisco, CA 94104