Agreement between User and Chino Commercial Bank NA

Welcome to the Chino Commercial Bank Web Portal. The Web Portal is comprised of various web pages operated by Chino Commercial Bank, and is offered to you conditioned upon your acceptance without modification of terms, conditions and notices contained herein (the “Terms and Conditions”). Your use of the Chino Commercial Bank Web Portal constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

Your use of the Chino Commercial Bank Web Portal is subject to Chino Commercial Bank’s Privacy Policy. Please review our Privacy Policy, which also governs this Site and informs users of our data collection practices.

Electronic Communications

Visiting the Chino Commercial Bank Web Portal, or sending emails to Chino Commercial Bank constitutes electronic communications. You hereby consent to receiving electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and or on this Site satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account Username and Password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account Username and Password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Chino Commercial Bank is not responsible for third party access to your account that results from theft or misappropriation of your account Username and Password. Chino Commercial Bank and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in its sole discretion.

Links to Third Party Sites / Third Party Services

The Chino Commercial Bank Web Portal may contain links to other websites (“Linked Sites”). The Linked Sites may not be under the control of Chino Commercial Bank, and Chino Commercial Bank is not responsible for the contents of any Linked Site(s) it does not directly control, including without limitation any link(s) contained in Linked Sites, or any changes or updates to a Linked Site. Chino commercial Bank is providing these links (if any) to you only as a convenience, and the inclusion of any link does not imply endorsement by Chino Commercial Bank of the site or any association with its operators.

Certain services made available in the Chino Commercial Bank Web Portal are, or may be, delivered by third party sites and organizations. By using any product, service or functionality originating from the Chino Commercial Bank domain, you hereby acknowledge and consent that Chino Commercial Bank may share such data with any third party with whom Chino Commercial Bank has a contractual relationship to provide the requested product, service or functionality on behalf of Chino Commercial Bank users and customers.

No Unlawful or Prohibited Use/Intellectual Property

In using this site within the specified terms and conditions, you are granted a non-exclusive, Non-transferable, revocable license to access and use this site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Chino Commercial Bank that you will not use the Site for any purpose that is unlawful or is prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means, not intentionally made available or provided for through the Site.

All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Chino Commercial Bank or its suppliers, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this Site. Chino Commercial Bank’s Web Portal content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Chino Commercial Bank and any other copyright owner. You agree that you do not own and have not acquired any ownership rights in any protected content. We do not grant you, and have not previously granted any licenses, express or implied, to the intellectual property of Chino Commercial Bank or its licensors except as expressly authorized by these Terms.

Use of Communication Services

This Site may contain communication services designed to enable you to communicate with the Company. You agree to use the communication services only to post, send and receive messages and material that are proper and relate to the particular use of this site.

By way of example, and not as a limitation, you agree that when using communication services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post upload files that contain software of other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents: upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of Chino Commercial Bank’s, or another’s computer; download any file posted by another user of a communication service that you know, or reasonably should have known, cannot be legally distributed in such manner.

Chino Commercial Bank reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Chino Commercial Bank’s sole discretion.

International Users

This Site is controlled, operated and administered by Chino Commercial Bank NA, from its offices in Chino California, USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Chino Commercial Bank Web Portal content, accessed through this site, in any country on in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Chino Commercial Bank, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use this Site, because of violations of any terms of this agreement, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Chino Commercial Bank reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Chino Commercial Bank in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provision hereof ,whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. The arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND / OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Chino Commercial bank agree otherwise the arbitrator may not consolidate more than one persona’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHINO COMMERCIAL BANK AND OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.

CHINO COMMERCIAL BANK AND / OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHINO COMMERCIAL BANK AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NO INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHINO COMMERCIAL BANK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON A CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHINO COMMERCIAL BANK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination / Access Restrictions

Chino Commercial Bank reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Chino Commercial Bank as a result of this agreement or the use of the Site. Chino Commercial Bank’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in contradiction of Chino Commercial Bank’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to, or gathered by Chino Commercial Bank with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Chino Commercial Bank with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Chino Commercial Bank with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Change in Terms

Chino Commercial Bank reserves the right, in its sole discretion, to change the terms under which this service is offered. The most current version of the Terms will supersede all previous versions. Chino Commercial Bank encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Chino Commercial Bank welcomes your questions or comments regarding these Terms and Conditions. You may contact a representative at:

Chino Commercial Bank
14245 Pipeline Avenue
Chino, CA 91710
(909)393-8880