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Online Banking and Bill Payment Agreement and Disclosure - June 1, 2007
Please read this Online Banking and Bill Payment Agreement and
Disclosure. You may also print a copy to retain for your
reference. After reading, to proceed, click the “Accept” button or
the “Decline” button at the end of this document.
1. Introduction
This Online Banking and Bill Payment Agreement and Disclosure
“Agreement” for accessing your Borrego Springs Bank accounts is provided
for your information. Please read it carefully as it pertains to
your accounts and Internet service we offer.
For the purpose of this Agreement, the following definitions apply.
The terms, “We”, “Us”, “Our” and “Bank” refer to Borrego Springs Bank
and the terms “You” and “Your” refers to you, as an account holder at
Borrego Springs Bank. “Online Banking” is the Internet-based
service providing access to your account(s) and “Bill Payment” is our
optional service allowing you to schedule payments through the Internet
for current, future and recurring bills from your Borrego Spring Bank
checking account. Time of day references are to U.S. Pacific
Standard Time and “Business Days” are Monday through Friday, excluding
holidays.
You agree to the terms and conditions in this Agreement and each time
you access our Online Banking and Bill Payment services, you confirm
your agreement to abide by this Agreement. We may amend this
agreement at any time or from time to time, without notice. This
Agreement will be posted on our Online Banking site and you should
review this Agreement before using these services. Borrego Springs
Bank has the right to introduce, change, remove or replace any Online
Banking or Bill Payment services. By using any new or additional
services, you agree to be bound by the terms and conditions contained in
this Agreement at that time in addition to any other agreements or fees
applicable to your accounts or services which you received at account
opening.
This Agreement will be governed by and interpreted in accordance with
federal law and regulations and by the laws of the State of California.
2. How to Reach Us
If you have any questions or comments, please feel free to contact us at
one of our branch locations:
Borrego Springs Bank
587 Palm Canyon Drive, Suite 101
Borrego Springs, CA 92004
(760) 767-5414
La Mesa Branch
7777 Alvarado Road, Suite 114
La Mesa, CA 91941
(619) 668-8147
Viejas Branch
5005 Willows Road, Suite 212
Alpine, CA 91901
(619) 659-9770
If you cannot call us or come in person, you can write to us at:
Borrego Springs Bank
7777 Alvarado Road, Suite 515
La Mesa, CA 91941
3. Privacy Policy
Any and all information that we obtain from you, or from transactions
processed through Online Banking, including names, addresses, telephone
numbers, email addresses and any information concerning use,
transactions and traffic through the Online Banking system may be
collected and used by us as provided in our Online Privacy Policy as set
forth on this site. Our Online Privacy Policy, including any
changes made from time to time, is hereby incorporated by reference and
shall be deemed a part of this Agreement.
4. Your Online Banking Protection
For your Online Banking Protection, we have several layers of security
to ensure the safety and security of your Online Banking transactions.
To log onto Online Banking for the first time, you will need your
Borrego Springs Bank account number, last four (4) digits of your social
security number or your Telebanc password if you are a Telebanc user.
You will be required to read and Accept the Online Banking and Bill
Payment Agreement and Disclosure before you can proceed to log onto the
Online Banking system. As part of the First Time User process, you
will be prompted to change the Access ID (it can be anything you enter)
and set a new password according to the parameters described on the
screen. You will then enter your email address and be assigned an
authentication image. You will enter an Authentication Pass Phrase
under the authentication image. You will also answer a few
security questions and choose the type of computer you are registering.
We suggest that you do not register any public access computer.
Once you have completed the secure log in procedure, the next time you
log on you will enter your Access ID and click Login. You will see
your Authentication Image and your pass phrase, which is the indicator
that you are connected to our secure Online Banking site and you can
proceed to enter your password. If your Authentication Image and
your pass phrase do not appear – DO NOT PROCEED or enter any
information. Close your browser and try again. If you are
unable to connect and receive your Authentication Image and pass phrase,
contact the Bank immediately.
For your protection, we recommend that you frequently change your
password for Online Banking using the Change Password button. We
recommend that you do not use a password that is easy to guess such as
your children’s or pet’s names, birth dates, phone numbers or any other
easily recognizable piece of identification. We also recommend
that you do not have your browser remember your password.
To guard against unauthorized use of your Access ID and Password, the
Online Banking system disables the password indefinitely on the third
attempt. You must contact the Bank to reestablish the password for
your account(s). You can reach us at (619) 668-8147 to report the
problem.
You are responsible for keeping your password and account data
confidential and you agree not to allow anyone to gain access to Online
Banking or your password used with the service. IF YOU AUTHORIZE
SOMEONE ELSE TO USE YOUR PASSWORD, YOU ARE RESPONSIBLE FOR ALL
TRANSACTIONS WHICH THAT PERSON INITIATES AT ANY TIME, EVEN IF THE AMOUNT
OF THE TRANSACTIONS OR NUMBER OF TRANSACTIONS EXCEEDS WHAT YOU
AUTHORIZED.
Contact Borrego Springs Bank AT ONCE if you believe your Password or
Access ID has been compromised, or if someone has transferred or may
transfer money from your account without your permission. If you
have identified any unauthorized transfers on your account statements,
phone us immediately at (619) 668-8147 to minimize your potential
losses. You may write to us at: Borrego Springs Bank, 7777
Alvarado Road, Suite 515, La Mesa, CA 91941 to report the problem.
5. Account Access/Limitations
Online Banking is an Internet-enabled service provided to our customers.
By using Online Banking with your Access ID and password, you can:
- Make account inquiries
- Check account balances
- Transfer funds between
your savings, checking and money market account
- Access your current
account statement(s)
- Enter stop payments
- Download account
history into personal financial management software, such as Quicken and
Microsoft Money
- Make online bill
payments from your checking account (fee for this service is $4.95 per
month)
Available services may be added or cancelled at any time. We will
update this Agreement to notify the existence of new services. By
using these services when they become available, you agree to abide by
the rules contained in this Agreement.
You can use Online Banking, Bill Pay service or Telephone Banking, seven
days a week, 24 hours a day, however from time to time these services
may not be available due to system maintenance.
Online Banking transfers must be completed prior to 5:00 P.M. for same
day credit and Bill Payments are processed Monday through Friday at
11:00 A.M. except on holidays and are limited to
$7,500 per payment.
See section 10 for additional Bill Payment restrictions.
Pursuant to federal regulations, you are limited to the number of
certain transactions you can make on your savings and or money market
accounts. For savings accounts, you may make no more than six (6)
transfers to another account or to a third party by pre-authorized,
online transfers, telephone transfers, fax request, and ACH (Automated
Clearing House-electronic transactions) per month.
For Money Market checking accounts, you may make no more than six (6)
transfers to another account to a third party by pre-authorized, online
transfers, automatic transfers, point of sale (POS), telephone
transfers, fax request, voice response requests, and ACH (Automated
Clearing House-electronic transactions), of which only three (3) may be
checks, per statement cycle.
Online transfers are transactions between accounts initiated through
Online Banking. Telephone transfers are transfers between accounts
initiated by a personal telephone call or by using our 24-hour Telephone
Banking system. Pre-authorized withdrawals are transfers made according
to a specific agreement between a customer and us or another party.
(Examples of preauthorized withdrawals are regular electronic payments
from savings made to a third party, such as health clubs, insurance
companies, etc.) Check access refers to any checks you write on your
Money Market account.
If you have established two or more deposit accounts with Borrego
Springs Bank and use the online transfer feature, a session that ends
after 5:00 pm shall be made from collected funds and shall be available
for withdrawal from the account into which the transfer is made as of
the next business day.
6. Our Liability for Failure to Make Transfers
Borrego Springs Bank agrees to make reasonable efforts to ensure full
performance of the Online Banking system. Borrego Springs Bank will be
responsible for acting only on those instructions sent through Online
Banking, which are actually received, and cannot assume responsibility
for malfunctions in communication facilities not under our control,
which may affect the accuracy or timeliness of messages you send.
Borrego Springs Bank is not responsible for any losses incurred should
you give incorrect instructions, or if your transfer instructions are
not given sufficiently in advance to allow for timely processing.
Any information you receive from Borrego Springs 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. Borrego Springs Bank is not liable for any deficiencies in
the accuracy, completeness, availability, or timeliness of such
information, or for any investment or other decision made using this
information.
Neither Borrego Springs Bank nor other information providers are
responsible for any computer virus or related problems, which may be
attributable to services provided by your Internet access provider.
You are responsible for obtaining, installing, maintaining, and
operating all computer hardware and software necessary for performing
Online Banking. Borrego Springs Bank will not be responsible for any
errors or failures from the malfunction or failure of your hardware or
software.
Except as otherwise provided in the Borrego Springs Bank’s
responsibility section below, and in the absence of negligence on the
part of Borrego Springs Bank neither Borrego Springs Bank, any Other
Information Provider, nor Other Software Supplier is responsible for any
direct, indirect, special, incidental, or consequential damages arising
in any way out of the use of Online Banking.
We are not responsible for losses if:
- Through no fault of
Borrego Springs Bank, you do not have enough money in your account to
make the transfer.
- Through no fault of
Borrego Springs Bank, the transaction would have caused you to exceed
your available credit.
- Circumstances beyond
our control (e.g., Fire, Flood, Power outages, equipment or technical
failure or breakdown) prevent the transfer, despite reasonable
precautions that we have taken.
- There is a hold on
your account, or if access to your account is blocked in accordance with
bank policy.
- Your funds are subject
to legal process or other encumbrance restricting the transfer.
- Your transfer
authorization terminates by operation of law.
- You believe someone
has accessed your accounts without your permission and you fail to
notify us.
- You have not properly
followed the scheduling instructions on how to make a transfer in this
agreement.
- We have received
incomplete or inaccurate information from you or a third party involving
the account or transfer.
- We believe that
unauthorized use of your Password or Account has occurred or may be
occurring or if you default under this Agreement, the Deposit Account
Agreement or any other agreement with us, or if we or you terminate this
Agreement.
There may be other exceptions stated in this agreement and in other
agreements with you. In no event shall we be liable for damages in
excess of your actual loss due to our failure to complete a transfer,
and not be liable for any incidental or consequential damages.
If any of the circumstances listed above shall occur, we shall assist
you with reasonable efforts in taking appropriate corrective action to
reprocess the transactions that may have been completed or to correct or
to incorrect transactions that have been processed.
7. In Case of Errors of Questions About Your Online Banking Transfers
(Consumer Accounts Only)
In case of errors or questions about your online transactions, bill
payments, or similar transactions or account activity, contact us in
writing, as soon as possible, at:
Borrego Springs Bank
7777 Alvarado Road, Suite 515
La Mesa Ca 91941
(619) 668-5159
We must hear from you no later than (60) days after we have sent the
FIRST statement on which the problem or error appeared. We will need you
to provide to Borrego Springs Bank the following information:
- Your name and your
account number;
- Describe the error or
the EFT you are unsure about, and explain as clearly as you can why you
believe it is an error or why you need more information; and
- Tell us the dollar
amount of the suspected error.
If you tell us verbally, we may require that you send us complaint or
question in writing within (10) business days.
We will determine whether an error occurred within ten (10) business
days, (five (5) business days if involving a Visa® transaction or twenty
(20) business days if the transaction involved a new account) after we
hear from you and will correct any error promptly. If we need more time,
we may take up to forty-five (45) days, (ninety (90) days if the
transaction involved a new account, POS or a Foreign transaction) to
investigate your complaint or questions. If we decide to do this, we
will provisionally credit your account within ten (10) business days
(five (5) business days if involving a Visa transaction and twenty (20)
business days if the transaction involved a new account for the amount
you think is in error, so that you will have the use of the money during
the time it takes us to complete our investigation. If we ask you to put
your complaint or question in writing and we do not receive it within
ten (10) business days, we may not provisionally credit your account.
An account is considered a new account for thirty (30) days after the
first deposit is made, if you are a new customer.
We will send you a written explanation of our findings within three (3)
business days after we complete our investigation. The explanation will
include a notice of the date we completed our investigation and the date
and amount of the item in question. If our investigation reveals that no
error occurred and we debit the provisional credit, we will continue to
honor any third party checks or pre-authorized transfers for a period of
five (5) business days to the extent that they would have been paid if
the provisional credit had not been debited.
You may request copies of the documents that were used in our
investigation.
8. Liability for Unauthorized Use (Consumer Accounts Only)
If you believe that your Password and/or Access ID (including ATM/POS
card or PIN), has been lost or stolen or discovered by an unauthorized
person and you notify us within two (2) business days of the loss or
theft, you can lose no more than $50. If you do NOT notify us within two
(2) business days after learning of the loss or theft of your Password,
Access ID, ATM/POS Card or PIN, and we can prove that we could have
prevented someone from accessing your accounts via one of the above
without your permission, you could lose as much as $500.
Also, if your statement reflects any electronic transactions that you
did not make or authorize, notify Borrego Springs Bank AT ONCE. Failure
to notify the Bank within (60) days after the statement was mailed to
you may result in zero compensation for any losses you sustain if
Borrego Springs Bank can prove that we could have prevented someone from
accessing your account(s) if you had notified us in time. If a good
reason (such as a long trip or hospital stay) prevented you from
notifying the Bank, we will extend the time periods.
If you authorize someone else to use your Password, Access ID, PIN, you
are responsible for all transactions, which that person initiates at any
time, even if the amount of the transaction or number of transactions
exceeds what you authorize.
9. Stop Payments
You may initiate stop-payment requests online only for paper checks you
have written (non-electronic items) and have not previously paid on your
account. To be effective, this type of stop-payment request must
precisely identify the name of the payee, the check number and amount.
If you want to stop a range of check numbers (lost or stolen), please
contact your branch office. Stop payments are effective for six
(6) months. You will incur stop-payment charges as disclosed in
the current fee schedule.
10. Bill Payment Service
Bill Payments
When you use our Bill Payment system, you must designate a specific
checking account to process the transactions through. We do not
permit Bill Payments from savings or money market accounts because
federal regulations require us to limit the number and types of
transfers from money market and savings deposit accounts. The Bill
Payment system is intended for use only by individuals or sole
proprietors. Requirements for dual signatures on checks do not
apply to the Bill Payment service.
Payee Designation
You can use the Bill Payment service to make payments to almost any
Payee or Merchant, including local service providers, utilities, credit
cards, mortgage companies, charitable donations, etc.
The Bill Payment service cannot be used to make payments for the
following:
- Tax payments to the
Internal Revenue Service or any state, local or other government agency;
- Court-ordered payments
such as child support or alimony; and
- Payees located outside
the United States.
By furnishing us with the names of your Payees (Merchants and/or
individuals) and their addresses, you give us authorization to follow
the Payment instructions, which you provide to us. When we receive
a Payment instruction for the current date or a future date, we will
remit the funds to the Payee on your behalf from the funds in your
designated Account, on the day you have instructed them to be sent
(“Payment Date”). We are not obligated to pay funds from your
Account if the available Account balance is insufficient to cover the
Payment. Funds for ALL bill payments, whether paid electronically
or by check, will be withdrawn from your Account no later than three (3)
business days following the Payment Date.
We are not responsible if a Payment cannot be made due to incomplete,
incorrect, or outdated information provided by you regarding a Merchant,
or if you attempt to pay a Merchant that is not on your Merchant
Accounts list.
Payment Policy
If there are insufficient funds in your account to make the bill payment
request, we may either refuse to make the payment, make the payment and
transfer funds from any overdraft protection account you have
established, or make the transfer or payment and overdraw your account.
If there are available funds to cover some, but not all, of the bill
payment request, we may process the bill payment request for which there
are sufficient available funds in any order we may choose at our sole
discretion. In accord with your deposit account agreement, you are
responsible for any non-sufficient funds (NSF) and overdraft charges
that may apply. We reserve the right to refuse to process payment
instructions that reasonably appear to us to be fraudulent or erroneous.
We will withdraw the designated funds from your account for the bill
payment transfer by midnight of the processing date.
Making/Scheduling Payments
You may use the Bill Payment Service to authorize recurring payments or
non-recurring payments. Recurring payments are payments that you
schedule in advance to recur at substantially regular intervals in the
same amount to the same Payee. Recurring Payments may be scheduled
for up to ten (10) years. Non-recurring Payments are a single,
one-time Payment to a specified Payee. Non-recurring Payments may
be scheduled to be initiated up to eighteen (18) months in advance.
We limit the amount of each individual Bill Payment transaction to
$7,500.
Payments are processed Monday through Friday at 11:00 AM, except on
Federal holidays. If you attempt to schedule a Payment on a
weekend or Federal holiday, you will be prompted to select a different
date, or the Payment will be processed on the preceding business day if
it is an auto recurring Payment. The Payment method may be electronic or
by check. The first Payment to a Merchant must be scheduled at least
five (5) business days prior to the due date for each Payment (recurring
or variable) to allow adequate time for the Payment to reach the Payee.
The due date is the date the Merchant has designated for payment, and
should not be adjusted for any grace period or late date accommodations
the Merchant may provide. Once the Service has been notified
whether a Merchant accepts electronic payments or requires a paper
check, after making the first Payment to that Merchant, the Service will
display a message indicating that the Merchant requires either a two (2)
day lead time for an electronic payment, or a five (5) day lead time if
a paper check sent by regular mail is required.
Any Payments made with the Bill Payment Service require sufficient time
for your Payee to credit your Account with them properly. To avoid
incurring a finance charge or other charge, you must schedule a Payment
sufficiently in advance of the due date of your Payment. If you fail to
schedule your Payment according to the recommended timeframe, we will
not be responsible for the late fees or finance charges. We will
not be liable if any third party, through whom any Payment is made,
fails to properly transmit the Payment to the intended Payee.
You agree to have available collected funds on deposit in the Account
you designate in amounts sufficient to pay for all Payments requested,
as well as any other payment obligations you have to us. We reserve the
right, without liability, to reject or reverse a Payment if you fail to
comply with this requirement or any other terms of this Agreement. If
you do not have sufficient funds in your designated Account and we have
not exercised our right to reverse or reject a Payment, you agree to pay
for such payment obligations on demand. You further agree that we,
at our option, may charge any of your accounts with us to cover such
payment obligations.
Stop or Change Payments
You may cancel or edit a bill payment instruction under certain
circumstances. If you discover an error or want to change a payment
instruction (i.e. payment date or payment amount) for a periodic or
automatic bill payment you have already scheduled for transmission
through the Bill Payment service, you may electronically edit or cancel
the request as long it is as prior to 11:00 AM on the business day the
Payment is going to be processed.
We shall not be liable to you due to a stop payment request if your
order to do so is not presented prior to the time the check has cleared.
Once the Payment has cleared, you can no longer stop payment.
Payment Guarantee
If all Payment guidelines were followed and a Payment is still posted
late to your Account with a Merchant resulting in a late fee, at our
discretion, we will make an attempt to have the Merchant waive the late
fees. If the Merchant is unwilling to waive late fees, up to $50
in late fees assessed by the Merchant will be covered by us. However,
due to factors beyond our control such as the U.S. Mail and payment
processing at the Merchant, it is not guaranteed that a Payment will
post on the fifth business day (or second, if issued electronically).
It is imperative to note that Merchant grace periods are not taken into
consideration, and if adequate lead time prior to the payment due date
was not allowed by you in scheduling the Payment this Guarantee is void.
NOTE: If the Merchant is not willing to discuss late fees or
status of the account with us, you will be notified and advised that the
Merchant requires your authorization before further discussions can
occur between us and the Merchant.
Liability
You are solely responsible for controlling the safekeeping of and access
to your Bill Payment information. You are liable for all transactions
you make, or that you authorize another person to make, even if that
person exceeds his or her authority. If you want to terminate another
person's authority, you must change your Online Banking logon password.
In the event that you have experienced unauthorized access to our Bill
Payment, you must notify us of the unauthorized access, identify any
Payments made or potential Payments scheduled, and change your logon
information.
You will be responsible for any Payment request you make that contains
an error or is a duplicate of another Payment. We are not responsible
for a Payment that is not made if you did not properly follow the
instructions for making the Payment. We are not liable for any failure
to make a Payment if you fail to promptly notify us after you learn that
you have not received credit from a Payee for a Payment. We are not
responsible for your acts or omissions or those of any other person,
including, without limitation, any transmission or communications
facility, and no such party shall be deemed to be our agent.
In any event, we will not be liable for any special, indirect,
consequential, incidental, or punitive losses, damages, or expenses in
connection with this Agreement or the Service, even if we have knowledge
of the possibility of them. We are not liable for any act, failure to
act or delay in acting if it is caused, in whole or in part, by any
cause beyond our reasonable control.
Inactivity
If you do not access or use the Bill Payment Service for a period of
more than ninety (90) days, we may in our sole discretion, terminate
your access to and use of the Bill Payment Service without notice to
you.
Termination
We reserve the right to terminate your use of Bill Payment at any time
without prior notice to you.
If, for any reason, you should want to terminate your use of our Bill
Payment Service, we recommend that you cancel all future Payments and
transfers at the same time you terminate the Service, either by deleting
the Payments yourself or by contacting the Bank as stipulated below.
We will delete all outstanding payments (both one-time and recurring),
as part of your Service termination.
We are not responsible for any fixed Payment made before we have a
reasonable opportunity to act on your termination notice. You remain
obligated for any and all Payments made by us on your behalf through the
Bill Payment Service.
Should you opt to discontinue any of the Accounts or Services to which
this Agreement pertains, written notice must be provided to us
immediately at:
Borrego Spring Bank
7777 Alvarado Road, Suite 515
La Mesa, CA 91941
10. Provisions Applicable to Businesses
By using the Online Banking, you acknowledge and agree that this
Agreement sets forth security procedures for electronic banking
transactions, which are commercially reasonable. You agree that we
may send notices and other communications to the current address shown
in our records, whether or not that address includes a designation for
delivery to the attention of any particular individual. You
further agree that Borrego Springs Bank will not be responsible or
liable to you in any way if information is intercepted by an
unauthorized person, either in transit or at your place of business.
You agree to:
- Keep your Password and
security tokens (if applicable) secure and strictly confidential;
- Instruct each person
to whom you give Online Banking access, that their Password and security
token (if applicable) is not to be disclosed to any unauthorized person;
and
- Immediately notify us
and select a new Password if you believe your Password may have become
known to an unauthorized person.
The Bank Will Have No Liability To You For Any Unauthorized Transfer
Made using your Password That Occurs Before You Have Notified Us Of
Possible Unauthorized Use And We Have A Reasonable Opportunity To Act On
That Notice
If we fail or delay in making a 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 transfer, calculated from the date on which the transfer was to be
received until the date it was actually made or you canceled the
instructions.
If we make payment or transfer in an erroneous amount which exceeds the
amount per your instructions, if we permit an unauthorized transfer
after we have had a reasonable time to act on a notice from you of
possible unauthorized use as described above, unless otherwise required
by law, our liability will be limited to a refund of the amount
erroneously transferred, plus interest thereon from the date of the
transfer to the date of the refund, but in no event to exceed (60) day’s
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 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
ATTORNEY’S FEES, EVEN IF WE ARE ADVISED IN ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES.
11. Office Of Foreign Asset Control
Under the Bank Secrecy Act, the Bank is prohibited from transacting
business with person 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.
12. Fees And Charges
There are no fees or charges for accessing your account through Online
Banking. Bill Payment service is available for the fee of $4.95 per
month. Other fees, as described in your Schedule of Fees and Charges
(prior of which you acknowledge), may apply.
13. Other General Terms
Other Agreements
In addition to this Agreement, you agree to be bound by and will comply
with all terms and conditions applicable to each of your accounts with
Borrego Springs Bank, as described in your Schedule of Fees and Account
Terms and Conditions Agreement, which you received at the time your
account was opened. Your use of the Online Banking system is your
acknowledgement that you have received these agreements and intend to be
bound by them.
Severability
In the event that any portion of this Agreement is held by a court to be
invalid or unenforceable for any reason, the remainder of this Agreement
shall not be invalid or unenforceable and will continue in full force
and effect. All headings are intended for reference only and are
not to be construed as part of the Agreement.
Right to Terminate Agreement/Services
Borrego Springs Bank reserves the right to modify or terminate this
Agreement, access to Online Banking or other electronic services in
whole or in part, at any time. You may cancel this Agreement at
any time by notifying Borrego Springs Bank by one of the following
methods:
- By calling (619)
668-8147 9:00 am - 4:00 pm Monday through Friday;
- By writing a letter
and taking it to your local branch, or
- By writing a letter
and sending it to the following address: Borrego Springs Bank, 7777
Alvarado Road, Suite 515, La Mesa CA 91941.
Canceling this Agreement will remove Online Banking, Bill Payment and
other electronic services but will not terminate your accounts with
Borrego Springs Bank.
If you do not access Online Banking any consecutive sixty (60) day
period, your password will convert to inactive status. If your
password becomes inactive, you must contact us to have the password
re-activated before you will be able to access Online Banking or
schedule any transactions or payments.
14. Borrego Springs Bank Liability
Except as specifically provided in this Agreement or where the law
requires a different standard, you agree that neither we nor the service
providers shall be responsible for any loss, property damage or bodily
injury, whether caused by the equipment, software, Borrego Springs Bank,
or by Internet browser providers such as Netscape, Microsoft, Internet
service providers, online service providers or any agent or
subcontractor of any of the foregoing. Nor shall we or the service
providers be responsible for a direct, indirect, special or
consequential economic or other damages arising in any way from the
installation, download, use or maintenance of the equipment, software,
online banking or Internet browser or access software.
We invite you to print a copy of this Agreement and retain it for your
records. You may also request a copy of this Agreement be mailed
to you. To do so, call us at (619) 668-8147 during business hours.
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