Electronic Services User Agreement
Please read carefully the Agreement below, this Agreement includes Your rights and obligations as a user of our online banking service. It also describes the rights and obligations of the United Pacific Bank. By pressing the "I agree" button below, You agree to comply with the terms and conditions of this Agreement. You also acknowledge by using the online banking service that You have downloaded, printed, or otherwise received a copy of the terms and conditions and that you understand them.
Note: After you have read this Agreement, and agree to its terms and conditions, you must scroll down and click the "I agree" button at the bottom of this agreement to continue.
In this agreement, the words "Online Banking Service" is the Internet-based service providing access to Your account(s). "Services" are the services available to You through the Online Banking Service. "Online Account" means any United Pacific Bank account from which You will be conducting transactions using the Online Banking Service. "Password" is the code sent to You by United Pacific Bank for use during the initial sign-on, or the codes You select after the initial sign-on, that establishes Your connection to the Service. "Time of day" references are to Pacific Standard Time. "We", "Us", "Our", and "United Pacific Bank" means the financial institution. "You" and "Your" mean the account holder(s) and anyone else with the authority to exercise control over the funds in the account.
2. ACCESS TO ONLINE BANKING
United Pacific Bank will provide online instructions describing how to use the Online Banking Service. You will gain access to Your Online Accounts through the use of Your Internet-enabled device, Your Internet Service Provider, Your User Code, and Your Password.
3. INTERNET ACCESS
You certify that you have access to the Internet. Neither United Pacific Bank nor any Provider will be liable for any costs you incur for maintaining Internet access.
4. SERVICE HOURS/BUSINESS DAYS
The Services are available 24 hours a day, 7 days a week, except during special maintenance periods. We will attempt to limit downtime to those hours of operation least impacted by customer usage, when such options are available. For purposes of transactions, United Pacific Bank's business days are Monday through Friday, excluding holidays.
5. USE OF YOUR PASSWORD
You will be required to change Your password from the initial 4 digits password to a new unique password, only known by you, on the first time You access the Online Banking Service. The password must be between 8 to 12 characters long. You may change Your password at anytime. We are entitled to act on any instructions under Your password. For security reasons, You agree not to allow anyone to gain access to the Online Banking Service or to let anyone know Your Password used with the Services. We recommend that You not write Your Password down so that no other person can gain access to it. You agree to assume responsibility for all transactions up to the limits allowed by applicable law.
6. COMPUTER EQUIPMENT
Neither United Pacific Bank nor Other Information Providers are responsible for any computer virus or related problems which may be attributable to services provided by any Access Service Provider.
You are responsible for obtaining, installing, maintaining, and operating all computer hardware and software necessary for performing Online Banking. United Pacific Bank will not be responsible for any errors or failures from the malfunction or failure of Your hardware or software.
We reserve the right to change Our system requirements from time to time.
WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, WITH RESPECT TO ANY COMPUTER PROGRAMS, EQUIPMENT OR SOFTWARE MADE AVAILABLE TO YOU.
7. ONLINE BANKING SERVICES
You can perform the following Services through the Online Banking:
- Obtaining Account Balance and Transaction History. You can obtain balance and transaction history on Your Online Accounts. Account balance and transaction history reflects history through the close of the previous business day. Balance may include funds provisionally credited to Your account and thus not subject to immediate withdrawal.
- Transferring Funds. Transfer funds among Your linked checking accounts, savings accounts, and money market accounts from accounts with the same signers and same vesting only. If United Pacific Bank becomes aware of account transfers with different signers or vesting, we will restrict the transaction and remove the account from online viewing. The cutoff time for transferring funds among United Pacific Bank’s accounts is 5:00 p.m. on business days. All requests received after the applicable cutoff time or on any non-business day will be processed on the next business day. The cutoff time for external account transfer is listed in the Account to Account Transfer Terms of Service.
- Bill Payment Service. You may make one-time or recurring payments online from your checking account(s) to companies or individuals. Any payment scheduled after 7:00 p.m. or on any non-business day will be processed on the next business day. Any overnight check scheduled after 1:00 p.m. or on any non-business day will be processed on the next business day.
- Limitations. The following limitations apply:
- Savings Account - Transfers from a savings account to another account or to third parties by pre-authorized, automatic, or telephone transfer – including online banking transaction are limited to six (6) transactions per month. We charge a fee for each transaction in excess of this limit.
- Money Market Account - Transfers from a money market account to another account or to third parties by pre-authorized, automatic, or telephone transfer - including online banking transaction, or by check, draft, debit card (if applicable) or similar order are limited to six (6) transactions per monthly statement cycle. We charge a fee for each transaction in excess of this limit.
- Downloading. Download transactions to Quicken, Money or Microsoft Excel software program.
- Other Terms and Conditions
- Monthly Service Charge – There is no monthly service charges for accessing your linked accounts, with the Online Banking Service.
- Other Charges – Transfers made through Online Banking Services from a savings or money market account; and Bill Payment made from a money market checking account may result in an excessive transaction fee. See your savings or money market account disclosure for details.
- New Services. New services may be introduced for Online Banking from time to time. United Pacific Bank will notify You of the existence of these new services. By using these services when they become available, You agree to be bound by the rules that will be made available to You concerning these services.
8. ELECTRONIC COMMUNICATIONS
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding the Website or any Financial Service or any Provider (collectively referred to as "Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Website. You agree that you have the capacity to print, and that you will print, a paper copy of any electronic Communication and retain it for your records. All Communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. United Pacific Bank and the Providers reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying United Pacific Bank on behalf of itself and the Providers may terminate your right to use the Website or obtain Financial Services (including redeeming any deposit accounts), and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from any involuntary termination of a Financial Service, to the extent permitted by law.
9. UNAUTHORIZED TRANSFERS
Tell Us immediately if You believe Your Password has been lost or stolen, or if the Password has been discovered by another person. Telephoning is the best way of keeping Your potential losses down. You could lose all funds in Your account, plus any overdraft credit available to You. If You inform Us within two business days, Your losses will be limited to no more that $50 if someone used Your password without Your permission. If You do NOT tell Us within two business days after You learn of the loss or theft of Your password, and We can prove that We could have stopped someone from using the password without Your permission if You had told us, You could lose as much as $500. Also, if Your statement shows transactions that You did not make, tell Us at once. If You do not tell Us within 60 days after the statement was mailed to you, You may not get back any funds You lost after the 60 days if We can prove that We could have stopped someone from taking the money if You informed Us in time. If a good reason (such as a long trip or a hospital stay) kept You from telling us, We may extend the time periods.
If You are a business, the limitations of liability for unauthorized transactions do not apply to You, such that You may be liable for all unauthorized transfers through the Online Banking Service (see, Section, Provisions Applicable to Businesses, below).
If You believe that Your Password has been lost or stolen or if Your Password has been discovered by another person, or that someone has transferred or may transfer money from Your account without Your permission, You should immediately call and/or write us, at the telephone number and/or address stated in Section, Error Resolution Notice, below.
If You give someone Your United Pacific Bank Online Banking Password, You are authorizing that person to use the service, and You are responsible for all transactions the person performs using the service. All transactions that person performs, even those transactions You did not intend or want performed, are authorized transactions. If You notify Us that the person is no longer authorized, then transactions that person performs after the time You notify Us are considered unauthorized. Transactions that You or someone acting with You initiates with fraudulent intent are also authorized transactions. For Your protection, sign off after every Online Banking session and close Your browser to ensure confidentiality.
You will continue to receive Your regular account statements on monthly basis or quarterly basis. You must examine Your statement with "reasonable promptness". If Your statement shows transfers that You did not make, You must promptly notify Us of the relevant facts. As between You and us, if You fail to do either of these duties, You will have to either share the loss with us, or bear the loss entirely Yourself.
You agree that the time You have to examine Your statement and report to Us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if You fail to report any unauthorized transactions or any other errors in Your account within 60 days of when We first send or make the statement available, You cannot assert a claim against Us on any items in that statement, and as between You and Us the loss will be entirely Yours. This 60-day limitation is without regard to whether We used ordinary care.
11. ERROR RESOLUTION NOTICE
In case of errors or questions regarding an Online Banking transaction, call United Pacific Bank at 626-965-6230 or write Us at:
United Pacific Bank
Attention: Operations Department
1630 S. Azusa Avenue
City of Industry, CA 91748
We must hear from You no later than 60 days after We send You the first statement on which the problem or error appeared. We will require:
- Your name and account number.
- A description of the error or the transfer in question, and an explanation concerning why You believe it is an error or why You need more information.
- The dollar amount of the suspected error.
- The date on which it occurred.
If the report is made orally, We may require that You send the complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days and will correct any error promptly after We hear from you. If more time is needed, however, We may take up to 45 days to investigate a complaint or question. If this occurs, We will provisionally credit Your account within 10 business days for the amount You think is in error. This will allow You to use the money during the time it takes Us to complete Our investigation. If Your complaint or question is requested in writing but not received in writing within 10 business days, We may not credit Your account until the investigation is completed. (Note: Our obligation to act within the 10 and 45 day periods mentioned above is extended to 20 business and 90 calendar days, respectively, if the notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to Your account was made.).
If We determine that no error occurred, We will send You a written explanation within 3 business days after We finish the investigation, and debit the provisional credit in accordance with law. You may request copies of the documents that were used in the investigation.
12. PROVISIONS APPLICABLE TO BUSINESSES
You agree that We may send notices and other communications including Password confirmations, to the current address shown in Our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that United Pacific Bank will not be responsible or liable to You in any way if information is intercepted by an unauthorized person, either in transit or at Your place of business. You agree to:
- Keep Your Password secure and strictly confidential, providing it only to authorized signers on Your account(s).
- Instruct each person to whom You give Your Password that he or she is not to disclose it to any unauthorized person.
- Immediately notify Us and select a new Password if You believe Your Password may have become known to an unauthorized person.
The limitations of liability for unauthorized transfers and the error resolution procedures set forth, above, do not apply to businesses or trust accounts.
THE BANK WILL HAVE NO LIABILITY TO You FOR ANY UNAUTHORIZED PAYMENT OR TRANSFER MADE USING Your PASSWORD THAT OCCURS BEFORE You HAVE NOTIFIED Us OF POSSIBLE UNAUTHORIZED USE AND We HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE, AND You AGREE TO INDEMNIFY Us IN THE EVENT OF ANY THIRD PARTY CLAIMS ARISING OUT OF ANY UNAUTHORIZED TRANSACTIONS INVOLVING THE USE OF THE PASSWORD. We may suspend or cancel Your Password even without receiving such notice from you, if We suspect Your Password is being used in an unauthorized or fraudulent manner.
If We fail or delay in making a payment or transfer pursuant to Your instructions, or if We make a payment or transfer in an erroneous amount which is less than the amount per Your instructions, unless otherwise required by law, Our liability shall be limited to interest on the amount which We failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or You canceled the instructions. We may pay such interest either to You or the intended recipient of the payment or transfer, but in no event will We be liable to both parties, and Our payment to either party will fully discharge any obligation to the other. If We make a payment or transfer in an erroneous amount which exceeds the amount per Your instructions, or if We permit an unauthorized payment or transfer after We have had a reasonable time to act on a notice from You of possible unauthorized use as described above, unless otherwise required by law, Our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days' interest. If We become liable to You for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where the Bank is headquartered for each day interest is due, computed on the basis of a 360-day year. UNLESS OTHERWISE REQUIRED BY LAW, IN NO EVENT WILL THE BANK BE LIABLE TO You FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ATTORNEYS' FEES, EVEN IF We ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
13. OFFICE OF FOREIGN ASSETS CONTROL
Under the Bank Secrecy Act, the Bank is prohibited from transacting business with persons or entities listed as "blocked" by the Office of Foreign Assets Control (OFAC). The official listing is published in the United States Department of the Treasury's website and updated from time to time. You agree not to transact business with persons or entities blocked by OFAC.
14. LIMIT OF UNITED PACIFIC BANK AND OTHER PROVIDER'S RESPONSIBILITY
United Pacific Bank agrees to make reasonable efforts to ensure full performance of Online Banking. United Pacific 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. United Pacific Bank is not responsible for any losses incurred should You give incorrect instructions, or if Your payment instructions are not given sufficiently in advance to allow for timely payment or delays in mail service.
Any information You receive from United Pacific Bank or Other Information Providers is believed to be reliable. However, it can only be provided on a best-efforts basis for Your convenience and is not guaranteed. United Pacific Bank is not liable for any deficiencies in the accuracy, completeness, availability, or timeliness of such information, or for any investment or other decision made using this information.
Except as otherwise provided in the United Pacific Bank's Responsibility section below, neither United Pacific Bank, any Other Information Provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental, or consequential damages arising in any way out of the use of Online Banking.
15. UNITED PACIFIC BANK'S RESPONSIBILITY
Except as provided by other Agreement with You or applicable law, United Pacific Bank will be responsible for Your actual losses if they were directly caused by Our failure to:
- Complete an Electronic Funds Transfer as properly requested.
- Cancel an Electronic Funds Transfer as properly requested.
However, We will not be responsible for Your losses if:
- Through no fault of United Pacific Bank, You do not have enough money in Your account to make the transfer.
- Through no fault of United Pacific Bank, the transaction would have caused You to exceed Your available credit.
- 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.
- There is a hold on Your account, or if access to Your account is blocked in accordance with banking 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 immediately.
- You have not properly followed the scheduling instructions on how to make a transfer included in this Agreement.
- We have received incomplete or inaccurate information from You or a third party involving the account or transfer.
- We have a reasonable basis for believing 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, a credit agreement, or any other agreement with us, or if We or You terminate this Agreement.
If any of the circumstances listed above shall occur, We shall assist You with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed, upon your request
There may be other exceptions stated in this agreement and in other agreements with you.
In no event shall We be liable for damages in excess of Your actual loss due to Our failure to complete a transfer, and We will not be liable for any incidental or consequential damages.
16. OTHER AGREEMENTS
In addition to this Agreement, You and United Pacific Bank agree to be bound by and comply with the requirements of the agreements applicable to each of Your Online Accounts. Your use of the Online Banking service is Your acknowledgment that You have received these agreements and intend to be bound by them. (You should review other disclosures received by You when You open Your accounts at United Pacific Bank, including the charges that may be imposed for electronic funds transfers or the right to make transfers listed in the fee schedules accompanying those disclosures and the fee schedule).
17. MODIFICATIONS TO THIS AGREEMENT
United Pacific Bank may modify the terms and conditions applicable to either Service from time to time. Generally, We will notify You in advance via mail or on Our website. If a change is favorable to You, We may not provide advance notice prior to making the change. Your continued use of the Service will indicate Your acceptance of the revised Agreement. We reserve the right to terminate this Agreement and Your use of the Services in whole or in part at any time without prior notice.
19. CHANGE IN TERMS
United Pacific Bank may change, add, delete, or amend the terms of this Agreement and its Online Banking Service at any time by sending You a notice.
20. INACTIVITY / TERMINATION
You are responsible for complying with all the terms of this Agreement and with the terms of the agreement governing the deposit accounts which You access using electronic banking services. We can terminate Your Online Banking privilege under this Agreement without notice to You if You do not pay any fee required by this Agreement when due, if You do not comply with the Agreements governing Your deposit or loan accounts, Your accounts are not maintained in good standing, We have reason to believe that here has been an unauthorized use of the Service or Password, or there are conflicting claims to the funds in Your account.
We reserve the right to terminate Your use of Online Banking Service for any reason, with or without cause, without affecting Your outstanding obligations under this Agreement, in which case United Pacific Bank will promptly notify you.
We may convert Your account to inactive status if Your deposit account is inactive. If Your account is considered inactive, You must contact Us to have the Service activated before You will be able to schedule any transaction through the Service.
If You desire to cancel or terminate the Online Banking Service, You must notify United Pacific Bank and provide Your name, that You are discontinuing Online Banking Service, and the effective date to stop the service. You may notify United Pacific Bank by one of the following methods:
- By calling (626) 965-6230, 9:00 a.m. to 5:00 p.m. Monday to Thursday; and 10:00 a.m. to 6:00 p.m. on Friday.
- By writing a letter and either sending it to the following address or giving it to a Banking Officer at any location:
- United Pacific Bank
- Attention: Operations Department
1630 S. Azusa Avenue
City of Industry, CA 91748
United Pacific Bank may send notices and transaction information to You at Your account address that You provide Us in connection with this Service.
22. APPLICABLE LAW
This Agreement will be governed by the laws of the State of California and federal law.
Account to Account Transfer Terms of Service
1. Introduction. This Account to Account Transfer Terms of Service document (hereinafter "Agreement") is a contract between you and United Pacific Bank (hereinafter "we" or "us") in connection with the Account to Account Transfer Service (as defined below) offered through our online banking site or mobile applications (the "Site"). This Agreement applies to your use of the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered.
2. Description of Account to Account Transfer Service. The Account to Account transfer service (the "Account to Account Transfer Service") enables you to transfer funds between your Account(s) that you maintain with us on the one hand, and your Account(s) that are maintained by other financial institutions, on the other hand.
- "Account" means a checking, money market or savings account that is either an Eligible Transaction Account or External Account, as applicable.
- "ACH Network" means the funds transfer system, governed by the NACHA Rules, that provides funds transfer services to participating financial institutions.
- "Affiliates" are companies related by common ownership or control.
- "Business Day" is every Monday through Friday, excluding Federal Reserve holidays or other days that banks are legally closed.
- "Eligible Transaction Account" is a transaction account from which your transfers will be debited, your Account to Account Transfer Service fees, if any, will be automatically debited, or to which transfers and credits to you will be credited, that is eligible for the Account to Account Transfer Service. An Eligible Transaction Account shall be limited to a checking, money market or savings account that you hold with us.
- "External Account" is your account at another financial institution (i) to which you are transferring funds from your Eligible Transaction Account; or (ii) from which you are transferring funds to your Eligible Transaction Account.
- "Payment Network" means a debit or credit network (such as the ACH Network or ACCEL / Exchange payment network) through which funds may be transferred.
- "Service Provider" means companies that we have engaged (and their Affiliates) to render some or all of the Account to Account Transfer Service to you on our behalf.
- "Transfer Instruction" is a specific information provided for a transfer to be made that you provide to the Account to Account Transfer Service for a transfer of funds.
4. Service Providers. We are offering you the Account to Account Transfer Service through one or more Service Providers that we have engaged to render some or all of the Account to Account Transfer Service to you on our behalf. However, notwithstanding that we have engaged such a Service Provider to render some or all of the Account to Account Transfer Service to you, we are the sole party liable to you for any payments or transfers conducted using the Account to Account Transfer Service and we are solely responsible to you and any third party to the extent any liability attaches in connection with the Account to Account Transfer Service. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
5. Authorization and Processing.
- You represent and warrant that you are either the sole owner or a joint owner of the Eligible Transaction Account and the External Account and that you have all necessary legal right, power and authority to transfer funds between the Eligible Transaction Account and the External Account. If you are a joint owner of the Eligible Transaction Account, External Account, or both, then you represent and warrant that (i) you have been authorized by all of the other joint owners to operate such Accounts without their consent (including without limitation to withdraw or deposit any amount of funds to such Accounts or to even withdraw all funds from such Accounts); and (ii) we may act on your instructions regarding such Accounts without liability to such other joint owners. Further, you represent and warrant that the External Account is located in the United States.
- When we receive a Transfer Instruction from you, you authorize us to (i) debit your Eligible Transaction Account and remit funds on your behalf to the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges); or, as applicable, to (ii) credit your Eligible Transaction Account and remit funds on your behalf from the External Account designated by you and to debit your applicable Account as described below in Section 9 (Account to Account Transfer Service Fees and Additional Charges). You also authorize us to reverse a transfer from the applicable Account if the debit is returned from the other Account in the transaction for any reason, including but not limited to nonsufficient funds.
1. Types of domestic (U.S.) outbound transfers:
Standard transfers: Funds will be debited from your Bank account on the business day you direct us to initiate processing of the transfer, and the funds will typically be credited to the receiving account on the third business day after the transfer is initiated.
Express transfers: Funds will be debited from Bank account on the business day you direct us to initiate processing of the transfer, and the funds will typically be credited to the receiving account on the next business day after the transfer is initiated.
2. Types of domestic (U.S.) inbound transfers:
Standard transfers: Funds typically will be debited from your account outside the Bank on the business day after you direct us to initiate processing of the transfer and the funds will typically be credited to your Bank personal account on the third business day after the transfer is initiated.
Express transfers: Funds typically will be debited from your account outside the Bank on the business day after you direct us to initiate processing of the transfer and the funds will typically be credited to your Bank personal account on the next business day after the transfer is initiated.
Express transfers are permitted only at our discretion.
- We will use reasonable efforts to make all your transfers properly. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of ours, the Eligible Transaction Account or External Account does not contain sufficient funds to complete the transfer or the transfer would exceed the credit limit of your overdraft account;
2. The Account to Account Transfer Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;
3. The transfer is refused as described in Section 10 (Refused Transfers) below;
4. You have not provided us with the correct information, including but not limited to the correct Eligible Transaction Account or External Account information; and/or,
5. Circumstances beyond our control (such as, but not limited to, fire, flood, network or system down time, issues with the financial institution(s), or interference from an outside force) prevent the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances.
- It is your responsibility to ensure the accuracy of any information that you enter into the Account to Account Transfer Service, and for informing us as soon as possible if you become aware that this information is inaccurate. You may not use a P.O. Box as a postal address. We will make a reasonable effort to stop or recover a transfer made to the wrong Account once informed, but we do not guarantee such recovery and will bear no responsibility or liability for damages resulting from incorrect information entered by you.
6. Transfer Methods and Amounts. There are limits on the amount of money you can send or receive through our Account to Account Transfer Service. Your limits may be adjusted from time-to-time in our sole discretion. You may have the ability to log in to the Site to view your individual transaction limits. We or our Service Provider also reserve the right to select the method in which to remit funds on your behalf though the Account to Account Transfer Service, and in the event that your Eligible Transaction Account is closed or otherwise unavailable to us the method to return funds to you.
Minimum transfer amount is $10.
|Standard Transfer Limits:||
Monthly (rolling 30 day period)
|Express (Next Day) Transfer Limits:||
Monthly (rolling 30 day period)
The cutoff time for Standard transfers is 10:00 p.m. Pacific Standard Time on a business day. The cutoff time for Express transfers is 5:00 p.m. Pacific Standard Time on a business day. Any transfer initiated after the applicable cutoff time will be considered as being initiated on the next business day.
7. Transfer Cancellation Requests. You may cancel a transfer at any time until it begins processing (as shown in the Account to Account Transfer Service). We will, to the extent permitted by law, make reasonable attempts to return any unclaimed, refused, refunded, prohibited, or denied transfer to your Account that we debited for the funds transfer. If this is unsuccessful (for example, the Eligible Transaction Account has been closed) we will make reasonable attempts to otherwise return the funds to you.
8. Stop Transfer Requests. If you desire to stop any transfer that has already been processed, you must contact customer care for the Account to Account Transfer Service pursuant to Section 26 (Errors, Questions, and Complaints). Although we will make a reasonable effort to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days. The charge for each request will be the current charge for such service as set out in the applicable fee schedule.
9. Account to Account Transfer Service Fees and Additional Charges. You are responsible for paying all fees associated with your use of the Account to Account Transfer Service. Applicable fees will be disclosed in the user interface for, or elsewhere within, the Account to Account Transfer Service or Site. Any applicable fees will be charged regardless of whether the Account to Account Transfer Service was used, except for fees that are specifically use-based. Use-based fees for the Account to Account Transfer Service will be charged against the Account that is debited for the funds transfer. There may also be charges for additional transactions and other optional services. You agree to pay such charges and authorize us to deduct the calculated amount from the applicable Eligible Transaction Account you hold with us or the Account that is debited for the funds transfer, depending on how such charges are described in the user interface for the Account to Account Transfer Service. Any financial fees associated with your standard deposit accounts will continue to apply. You are responsible for any and all telephone access fees and Internet service fees that may be assessed by your telephone and Internet service provider. Section 22 (Failed Or Returned Transfer Instructions) applies if you do not pay our fees and charges for the Account to Account Transfer Service, including without limitation if we debit the External Account for such fees, as described in this Section, and there are insufficient fees in the External Account; Section 22 (Failed Or Returned Transfer Instructions) should be interpreted as applying to the External Account, not just the Eligible Transaction Account, in such circumstances.
Standard Transfer: No Fee
Express Transfer (Inbound or Outbound): $3.00
ACH Return Fee (such as NSF return, etc.): $30.00
We reserve the right to change fees and will provide prior notice to a change in fees as required by law or regulation.
10. Refused Transfers. We reserve the right to refuse any transfer. As required by applicable law, we will notify you promptly if we decide to refuse to transfer funds.
11. Returned Transfers. In using the Account to Account Transfer Service, you understand transfers may be returned for various reasons such as, but not limited to, the External Account number is not valid. We will use reasonable efforts to research and correct the transfer to the intended Account or void the transfer and credit your Account from which you attempted to transfer funds. You may receive notification from us.
12. Notices to Us Regarding the Account to Account Transfer Service. Except as otherwise stated below, notice to us concerning the Site or the Account to Account Transfer Service must be sent by postal mail to: United Pacific Bank, Attention Operations Department, 1630 S. Azusa Avenue, City of Industry, CA 91748. We may also be reached at (626)965-6230 for questions and other purposes concerning the Account to Account Transfer Service. We will act on your telephone calls as described below in Section 26 (Errors, Questions, and Complaints), but otherwise, such telephone calls will not constitute legal notices under this Agreement.
13. Notices to You. You agree that we may provide notice to you by posting it on the Site, sending you an in-product message within the Account to Account Transfer Service, emailing it to an email address that you have provided us, mailing it to any postal address that you have provided us, or by sending it as a text message to any mobile phone number that you have provided us, including but not limited to the mobile phone number that you have listed in your Account to Account Transfer Service setup or customer profile. For example, users of the Account to Account Transfer Service may receive certain notices (such as notices of processed Transfer Instructions, alerts for validation and notices of receipt of transfers) as text messages on their mobile phones. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) Business Days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting us as described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We reserve the right to charge you a reasonable fee to respond to each such request. We reserve the right to terminate your use of the Account to Account Transfer Service if you withdraw your consent to receive electronic communications.
15. Receipts and Transaction History. You may view your transaction history by logging into the Account to Account Transfer Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
17. Eligibility. The Account to Account Transfer Service is offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Account to Account Transfer Service is not offered to minors unless the minor is using an Eligible Transaction Account in the name of the minor with a parent or guardian as a co-signor or guarantor. By using the Account to Account Transfer Service, you represent that you meet these requirements and that you agree to be bound by this Agreement.
The Service has qualification requirements as described below, and we reserve the right to change your qualification at any time without prior notice. In general, the qualification requirements are:
- Any of your deposit accounts with us must be current or in good standing.
- Your funding account has been open for more than 24 hours.
- You have not had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Bank deposit account during the current or 3 prior calendar months.
- You have not had any prior transfer canceled, revoked, or uncompleted due to insufficient funds, revoked authorization, stopped payments, frozen accounts, fraudulent activity, or any similar reason.
In addition to the general qualification requirements, we apply minimum limits related to the number and dollar amount of transfers.
18. Prohibited Transfers. The following types of transfers are prohibited through the Account to Account Transfer Service, and we have the right but not the obligation to monitor for, block, cancel and/or reverse such transfers:
- Transfers to or from persons or entities located in prohibited territories (including any territory outside of the United States); and
- Transfers that violate any law, statute, ordinance or regulation; and
- Transfers that violate the Acceptable Use terms in Section 19 (Acceptable Use) below; and
- Transfers related to: (1) tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction; and
- Transfers related to gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, horse or dog racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes; and
- Transfers relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following "money service business" activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
Transfers relating to tax payments and court ordered payments.
Except as required by applicable law, in no event shall we or our Service Providers be liable for any claims or damages resulting from your scheduling of prohibited transfers. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.
19. Acceptable Use. You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Account to Account Transfer Service, regardless of the purpose of the use, and for all communications you send through the Account to Account Transfer Service. We and our Service Providers have the right but not the obligation to monitor and remove communications content that we find in our sole discretion to be objectionable in any way. In addition, you are prohibited from using the Account to Account Transfer Service for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Account to Account Transfer Service, or interfere or attempt to interfere, with the Site or the Account to Account Transfer Service; or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide notice to us by the methods described in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above of any violations of the Agreement generally.
20. Your Liability for Unauthorized Transfers. Immediately following your discovery of an unauthorized Transfer Instruction, you shall communicate with customer care for the Account to Account Transfer Service in the manner set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. You acknowledge and agree that time is of the essence in such situations. If you tell us within two (2) Business Days after you discover your password or other means to access your account through which you access the Account to Account Transfer Service has been lost or stolen, your liability is no more than $50.00 should someone access your account without your permission. If you do not tell us within two (2) Business Days after you learn of such loss or theft, and we can prove that we could have prevented the unauthorized use of your password or other means to access your account if you had told us, you could be liable for as much as $500.00. If your monthly financial institution statement contains transfers that you did not authorize, you must tell us at once. If you do not tell us within sixty (60) days after the statement was sent to you, you may lose any amount transferred without your authorization after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) prevented you from telling us, we may in our sole discretion extend the period.
21. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
22. Failed or Returned Transfer Instructions. In using the Account to Account Transfer Service, you are requesting that we or our Service Provider attempt to make transfers for you from your Eligible Transaction Account. If the Transfer Instruction cannot be completed for any reason associated with your Eligible Transaction Account (for example, there are insufficient funds in your Eligible Transaction Account, or the Transfer Instruction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer), the Transfer Instruction may or may not be completed. In certain circumstances, our Service Provider may either advance funds drawn on their corporate account or via an electronic debit, and in such circumstances will attempt to debit the Eligible Transaction Account a second time to complete the Transfer Instruction.In some instances, you will receive a return notice from us or our Service Provider. In each such case, you agree that:
- You will reimburse our Service Provider immediately upon demand the amount of the Transfer Instruction if the transfer has been delivered but there are insufficient funds in, or insufficient overdraft credits associated with, your Eligible Transaction Account to allow the debit processing to be completed;
- You may be assessed a late fee equal to one and a half percent (1.5%) of any unpaid amounts plus costs of collection by our Service Provider or their third-party contractor if the Transfer Instruction cannot be debited because you have insufficient funds in your Eligible Transaction Account, or the transaction would exceed the credit or overdraft protection limit of your Eligible Transaction Account, to cover the transfer, or if the funds cannot otherwise be collected from you. The aforesaid amounts will be charged in addition to any NSF charges that may be assessed by us, as set forth in your fee schedule from us (including as disclosed on the Site) or your account agreement with us. You hereby authorize us and our Service Provider to deduct all of these amounts from your designated Eligible Transaction Account, including by ACH debit;
- Service Provider is authorized to report the facts concerning the return to any credit reporting agency.
23. Address or Banking Changes. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to, name, physical address, phone numbers and email addresses. Depending on the Account to Account Transfer Service, changes may be able to be made within the user interface of the Account to Account Transfer Service or by contacting customer care for the Account to Account Transfer Service as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Eligible Transaction Account, Transfer Instructions or contact information.
a. Mobile Subscriber Information. You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance and other uses in support of transactions for the duration of your business relationship with us. This information may also be shared with other companies to support your transactions with us and for identity verification and fraud avoidance purposes.
b. Device Data. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers, who will compare and add device data and fraud data from and about you to a database of similar device and fraud information in order to provide fraud management and prevention services, which include but are not limited to identifying and blocking access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us. We will not share with service providers any information that personally identifies the user of the applicable device.
25. Account to Account Transfer Service Termination, Cancellation, or Suspension. If you wish to cancel the Account to Account Transfer Service, you may contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. Any transfer(s) that have begun processing before the requested cancellation date will be processed by us. You agree that we may terminate or suspend your use of the Account to Account Transfer Service at any time and for any reason or no reason. Neither termination, cancellation nor suspension shall affect your liability or obligations under this Agreement.
26. Errors, Questions, and Complaints.
- In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above.
- If you think your periodic statement for your account is incorrect or you need more information about a transaction listed in the periodic statement for your account, we must hear from you no later than sixty (60) days after we send you the applicable periodic statement for your account that identifies the error. You must:
1. Tell us your name;
2. Describe the error or the transaction in question, and explain as clearly as possible 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 your complaint in writing within ten (10) Business Days after your oral notification. Except as described below, we will determine whether an error occurred within ten (10) Business Days after you notify us of the error. We will tell you the results of our investigation within three (3) Business Days after we complete our investigation of the error, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days to complete our investigation. If we decide to do this, we will provisionally credit your Eligible Transaction Account within ten (10) Business Days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not provisionally credit your Eligible Transaction Account. If it is determined there was no error we will mail you a written explanation within three (3) Business Days after completion of our investigation. You may ask for copies of documents used in our investigation. We may revoke any provisional credit provided to you if we find an error did not occur.
27. Intellectual Property. All marks and logos related to the Account to Account Transfer Service are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Account to Account Transfer Service or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to the Account to Account Transfer Service, the portion of the Site through which the Account to Account Transfer Service is offered, the technology related to the Site and Account to Account Transfer Service, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Account to Account Transfer Service shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
28. Links and Frames. Links to other sites may be provided on the portion of the Site through which the Account to Account Transfer Service is offered for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Account to Account Transfer Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.
29. Password and Security. If you are issued or create any password or other credentials to access the Account to Account Transfer Service or the portion of the Site through which the Account to Account Transfer Service is offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Account to Account Transfer Service without your consent, you must inform us at once at the telephone number provided in Section 12 (Notices to Us Regarding the Account to Account Transfer Service) above. See also Section 20 (Your Liability for Unauthorized Transfers) above regarding how the timeliness of your notice impacts your liability for unauthorized transfers.
30. Amendments. We may amend this Agreement and any applicable fees and charges for the Account to Account Transfer Service at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Account to Account Transfer Service after a notice of change or after the posting of a revised version of this Agreement on the Site will constitute your agreement to such changes and revised versions. Further, we may, from time to time, revise, update, upgrade or enhance the Account to Account Transfer Service and/or related applications or material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the Account to Account Transfer Service, and/or related applications and material, and limit access to only the Account to Account Transfer Service’s more recent revisions, updates, upgrades or enhancements.
31. Our Relationship With You. We are an independent contractor for all purposes, except that we act as your agent with respect to the custody of your funds for the Account to Account Transfer Service. We do not have control of, or liability for, any products or services that are paid for with our Account to Account Transfer Service. We also do not guarantee the identity of any user of the Account to Account Transfer Service (including but not limited to recipients to whom you send transfers).
32. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
33. Remedies. If we have reason to believe that you have engaged in any of the prohibited or unauthorized activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Account to Account Transfer Service; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement, access to the Site and/or use of the Account to Account Transfer Service for any reason or no reason and at any time. The remedies contained in this Section 33 are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
34. Disputes. In the event of a dispute regarding the Account to Account Transfer Service, you and we agree to resolve the dispute by looking to this Agreement.
35. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through Judicial Arbitration and Mediation Services ("JAMS"), the American Arbitration Association ("AAA"), or an established alternative dispute resolution (ADR) administrator mutually agreed upon by the parties. The parties agree that the following rules shall apply: (a) the arbitration may be conducted telephonically, online and/or be solely based on written submissions, at the election of the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties, their representatives or witnesses unless otherwise mutually agreed by the parties; (c) discovery shall not be permitted; (d) the matter shall be submitted for decision within ninety (90) days of initiation of arbitration, unless otherwise agreed by the parties, and the arbitrator must render a decision within thirty (30) days of submission; and (e) any award in such arbitration shall be final and binding upon the parties and may be submitted to any court of competent jurisdiction for confirmation. The parties acknowledge that remedies available under federal, state and local laws remain available through arbitration. NO CLASS ACTION, OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
36. Law and Forum for Disputes. Unless our account agreement with you states otherwise, this Agreement shall be governed by and construed in accordance with the laws of the State in which you reside, without regard to its conflicts of laws provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. Unless our account agreement with you states otherwise, you agree that any claim or dispute you may have against us (other than those which are arbitrated under Section 35 (Arbitration) above) must be resolved by a court located in the county in which you reside. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all claims or disputes unless said claim is submitted to arbitration under Section 35 (Arbitration) of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under this Agreement.
37. Indemnification. You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Account to Account Transfer Service.
38. Release. You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Account to Account Transfer Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
39. No Waiver. We shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
40. Exclusions of Warranties. THE SITE AND ACCOUNT TO ACCOUNT TRANSFER SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR ACCOUNT TO ACCOUNT TRANSFER SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
41. Limitation of Liability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE ACCOUNT TO ACCOUNT TRANSFER SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE ACCOUNT TO ACCOUNT TRANSFER SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE ACCOUNT TO ACCOUNT TRANSFER SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE ACCOUNT TO ACCOUNT TRANSFER SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 35 AND 36 ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
42. Complete Agreement, Severability, Captions, and Survival. You agree that this Agreement is the complete and exclusive statement of the agreement between us, sets forth the entire understanding between us and you with respect to the Account to Account Transfer Service and the portion of the Site through which the Account to Account Transfer Service is offered and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 4, 12, 13, 21, 22, 27 and 32- 42 of the Agreement, as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of the Agreement will prevail.
By using the Online Banking Service, You acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions, which are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which We implement in compliance with these procedures, unless You have given Us prior notice of possible unauthorized use as described above (and We had a reasonable opportunity to act on such notice).
After clicking on the "I agree" button above, please set up your User Code and Password for United Pacific Bank's Online Banking.