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Summit Online Demonstration Request
Step 1 of 3 - Terms and conditions

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Summit Online terms and conditions
Terms and Conditions
Online Banking Master Agreement This Online Banking Master Agreement ("Agreement") is between you and Summit State Bank (“Summit”). The Agreement governs the terms and conditions of your use of Summit’s internet banking product known as “SummitOnline.” The Agreement also governs your use of other internet banking services offered by Summit (“Related Services”). The Related Services and SummitOnline are collectively referred to herein as the (“SummitOnline Services”). The terms “Summit,” "our," "we," "us," "Summit State Bank," and "Bank" refer to Summit State Bank. "You" refers to each signer on an account. The term "bank business day" means Monday through Friday, excluding Federal banking holidays. Therefore, Summit and you, including any users you authorize, agree as follows: 1. Use of SummitOnline - SummitOnline can be used to access products and accounts made available by Summit State Bank. This Agreement may be amended from time to time by us. Each time you use, or someone authorized by you uses, SummitOnline, you are agreeing to the terms and conditions of this Agreement and acknowledge receipt and understanding of all disclosures included in or with this Agreement. This Agreement is in addition to any other agreements between you and Summit and any schedules and disclosures to which you are bound, including, but not limited to any applicable account disclosure statement. Signing the application for SummitOnline or clicking “I Agree” on your computer as described below also confirms your agreement to be bound to this Agreement. You agree that you are bound by the account disclosure statement, initial disclosures, other disclosures and schedules (as the same may be modified from time to time), the Bank's rules and regulations, the rules and regulations of any funds transfer system to which the Bank belongs, and all applicable State and Federal laws and regulations. 2. Related Services - Summit may offer you the use of other services connected with or accessed through SummitOnline. These services are governed by this Agreement and by the terms and conditions of each sub-agreement. The following SummitOnline Services are governed by this Agreement and the terms and conditions of each sub-agreement are hereby incorporated into this Agreement. Currently, Summit offers bill pay and electronic statements. An agreement for each of these services will be presented for your acceptance at the time of enrollment in person at Summit or online. Summit State Bank may, from time to time, offer and introduce new internet and electronic services. By using these services when they become available, you agree to be bound by this agreement and the terms and conditions for these services communicated to you. 3. Balance Inquiries and Transfers - You may access your Summit account(s) through SummitOnline by going to www.SummitStateBank.com. You may: • transfer funds from checking to checking • transfer funds from checking to savings • transfer funds from savings to checking • transfer funds from savings to savings • make payments from checking or savings to loan accounts with us • make payments from checking to third parties • get account balance and history information for savings, checking, loan, and certificate of deposit accounts. In order to initiate one of these transactions, you must first use your login ID and password to obtain access to the SummitOnline Services. The balance shown on the page may include deposits still subject to verification by us. The balance shown also may differ from your records because it may not include deposits in progress, outstanding checks, or other withdrawals, or charges. A funds transfer request will not result in immediate funds availability because of the time required to process the files. The deadline for funds transfer requests is 7:00 p.m. Pacific Time for same bank business day availability. Any funds transfer requests received after 7:00 p.m. Pacific Time will not be processed until the following bank business day. If there are insufficient available funds in an Account from which you are requesting a funds transfer, the transfer will not be initiated. Insufficient fund fees will be assessed as indicated in the applicable account disclosure. For monetary transfers between accounts at Summit State Bank, the accounts must have the same login ID and password and must belong to the same "household" of accounts. 4. Statements - All of your deposits, payments and funds transfers made through the Service will appear on your periodic account statement(s). You may elect to have statements sent to you electronically by enrolling in the Bank’s Electronic Statements program. The Bank may send you other non-statement notices to your email account from time to time even if you are not enrolled in Electronic Statements. 5. Access Requirements - To access your account(s) through the internet, you must have an eligible Summit State Bank account, enroll in SummitOnline by using any of the SummitOnline Services thereby agreeing to this Agreement, and have an authorized login ID and password. In addition, you must have the required internet secure browser software as defined by the Bank. 6. Business Days/Hours of Operation - SummitOnline is available 24 hours a day, seven days a week, except during maintenance periods for modifications or upgrades. 7. Business Accounts - Business entities are eligible for SummitOnline with respect to eligible non-consumer deposit accounts and eligible non-consumer loan accounts. We reserve the right to limit service to certain account types. Consumer accounts may not be linked to non-consumer accounts unless we otherwise agree. If you enroll non-consumer and consumer accounts under the same access identification, and persons other than yourself (such as employees of your business) are provided with access to transact in SummitOnline, you acknowledge you are at risk for their access to your personal accounts. Business entities will designate an Administrator who must be an authorized signer on all eligible accounts enrolled in SummitOnline and whose responsibilities shall include, among other matters: A. Enrolling the company in SummitOnline. B. Assigning authorized company users. C. Assigning and maintaining all access codes for authorized company users. D. Advising the Bank when adding or removing eligible accounts from SummitOnline. E. Maintaining the ability of the authorized users to access services available through SummitOnline, including transaction rights for each authorized user, designating another user to be a successor Administrator who will, when authorized, possess the Administrator’s capabilities; any change of Administrator must be conveyed, in writing, to the Bank. SummitOnline shall only be used by the Administrator and authorized users and only for legitimate business purposes incurred in the ordinary course of their employment or agency with the company. You agree to limit the use of SummitOnline to such purposes and to take all necessary steps to ensure that SummitOnline is used for no other purpose. You are liable for all transactions that you or any authorized users (including the Administrator) make or authorize, even if that person exceeds the authority granted to them. You will also be liable for transactions by an authorized user until you have notified us of revocation of the authorized user’s authority, and we have had a reasonable time to act on such notice to block the affected access device. You are also liable for any and all unauthorized use that occurs before you have notified us that a user ID, password, or other access means in your possession or control has been lost, stolen or used without your authority and before we have had a reasonable opportunity to block the affected access device(s). Your designation of a user ID and password and/or use of SummitOnline Services constitute your agreement that our security procedures are commercially reasonable. Any dual or multiple signature requirements for any of your accounts registered in SummitOnline are deemed to have been satisfied for a transaction when the transaction is initiated. Any dual or multiple signature account(s) that you have that you do not want to have subject to this provision for satisfying dual or multiple signature requirements, should not be registered in SummitOnline. The Bank may act on the instruction of the Administrator until the Bank shall have received written notice to the contrary from the Administrator or an officer of the company authorized to give such notice on behalf of the company. The Bank shall be given a reasonable time to act on such written notice. In consideration for receiving the ability to transact transfers between accounts, you agree to hold the Bank harmless and indemnify the Bank from and against any and all loss, cost or expense, including reasonable attorney’s fees, resulting from the Bank acting upon any previous transfer requests which have been initiated by you, any Administrator, or any company user in regard to any of your Summit State Bank accounts and SummitOnline. 8. Line of Credit Advances - If you use the SummitOnline Services to request an advance under any line of credit extended to you by the Bank, whether or not such request is authorized by you, such advance shall be deemed outstanding indebtedness under the applicable line of credit unless (i) we had actual knowledge that a request for an advance was unauthorized by you or (ii) you had provided us with written instructions to not allow advances via the SummitOnline Services and sufficient time to act on such instructions. 9. Termination - The Bank reserves the right to terminate this Agreement and your access to SummitOnline in whole or in part, at any time without prior notice. If you do not access your accounts via the internet for any four (4) month period, the Bank reserves the right to disconnect your service without notice. 10. Fees - There may be fees associated with SummitOnline Services and these fees are set forth in the Account Agreement and Fee Schedule for the Account. 11. Telephone Charges - You agree to be responsible for any telephone charges incurred by you in accessing your accounts through SummitOnline. 12. Changes to Fees or Other Terms - We reserve the right to change the fees or other terms described in this Agreement or to add new fees and terms. However, when changes are made to any fees, we will notify you on-line, or will send a notice to you at the address shown on our records. All notices will be sent at least thirty (30) days in advance of the effective date of the change, unless an immediate change is necessary to maintain the security of the system. If such a change is made, and it can be disclosed without jeopardizing the security of the system, we will provide you with written or electronic notice within thirty (30) days after the change. By continuing to use the accounts or services to which these changes relate, you are accepting the changes. Changes to fees applicable to specific accounts are governed by the applicable account disclosure statement. 13. Protecting Your Account - You must notify us at once if you believe your SummitOnline password is not secure, another person has improperly obtained your SummitOnline password, someone has transferred or you think someone may transfer money from or to any of your account(s) without your permission, or if you suspect any fraudulent activity with your account. To notify us, contact Summit State Bank's main office at 500 Bicentennial Way, Santa Rosa, CA. 95403, or by telephone at 707-568-6100. Telephoning is the quickest and best way to contact us. You should follow up a telephone call by notifying us in writing. You could lose all the money in your account (plus your maximum overdraft line of credit). 14. Preventing Misuse - You understand and agree that it is extremely important that you take an active role in the prevention of any wrongful use of your account. If you find that your records do not agree with ours, you agree to immediately call Summit State Bank at 707-568-6100. 15. Your SummitOnline Password - You will be given or you will select an initial internet password. The first time you access your Summit State Bank account(s) you must select a new password. You must change your password annually. Do not use as your password numbers that are easily associated with you, such as your telephone number, address or birth date. You are authorizing the Bank to act on instructions received under your password. You are responsible for choosing your password and keeping your password, account number(s) and other account data confidential at all times. It is recommended that you memorize this password and do not write it down. If you believe that your password may have been lost or stolen, or that someone has transferred or may transfer money to or from your account without your permission, you agree to notify the Bank at once. 16. Disclosure of Account Information - You authorize the Bank to disclose to selected third parties information about your account or the transactions you make as set forth in the Bank’s Privacy Policy provided to you at account opening and which may be modified from time to time. You can also access this policy by clicking the “Privacy Policy” link on our Web site. 17. Virus and Spyware Protection – The Bank is not responsible for any electronic virus, spyware, privacy-invasive software or similar program which you may have contracted while using the internet and which may affect your SummitOnline Services or privacy of account information. We strongly encourage you to routinely scan your computer using a reliable virus and spyware protection product to detect and remove harmful programs. If undetected and unrepaired these programs can, among other things, monitor your computer behavior, collect private information including your login ID and password, redirect your browser to a website other than what you intended, and negatively affect computer performance. 18. Your Liability for Loss or Theft (For Consumer Accounts) - If your internet login ID or password has been compromised and you tell us within two (2) bank business days after learning of the loss or theft, you can lose no more than $50 if someone used your internet password without your permission to access a Bank deposit account. If you do NOT tell us within two (2) bank business days after you learn of the loss or theft, and we could have stopped someone from taking money without your permission had you told us, you could lose as much as $500 of the disputed amount. If your monthly statement shows withdrawals, deposits, transfers or purchases that you did not make or authorize, you must notify us at once. If you do not notify us within sixty (60) days after the account transaction detail information was transmitted or mailed to you, and we could have stopped someone from taking money if you had told us in time, you may not get back any money lost after the sixty (60) days. If there are extenuating circumstances that kept you from telling us, the time periods in this section may be extended. 19. Our Liability - Except as specifically provided for in this Agreement or by law, neither the Bank nor the internet service provider shall be responsible for any loss, property damage or bodily injury, whether caused by the Bank, equipment, software, or internet service providers or any agent or subcontractor of any of the foregoing. Nor shall the Bank or the internet service providers be responsible for any direct, indirect, special or consequential, economic or other damages arising in any way from the installation, use or maintenance of the equipment, software or internet browser or access software. 20. Indemnification - You agree to indemnify, defend and hold harmless the Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i) your negligence; (ii) your failure to comply with applicable law; or (iii) your failure to comply with the terms of this Agreement or any related sub-agreement. 21. Equipment - We are not responsible for any loss, damage or injury resulting from an interruption in your electrical power, cable, wireless or telephone service; the disconnecting of your telephone, cable or wireless connection by your local telephone or other service company or from deficiencies in your connection quality; or any defect or malfunction of your computer, modem, or telephone, wireless or cable connection. We are not responsible for any services relating to your computer other than those specified in this Agreement. If any equipment failure occurs in any way relating to your computer, modem, or cable, wireless or telephone connection, the Bank is not responsible. 22. Transfers - If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses up to the amount of the transfer. We will not be liable if: A. through no fault of ours, you do not have enough money in your account to make the transfer. B. you have an overdraft line and the transfer would go over the credit limit. C. the terminal or system was not working properly and you knew about the breakdown when you started the transfer. D. circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. 23. Transfer Error Resolution Notice (For Consumer Accounts) - In case of errors or questions about your electronic transfers, call or write us at the telephone number or address listed in this Agreement as soon as possible, if you think your statement is wrong or if you need more information about a transfer listed on the statement. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. A. Tell us your name and account number (if any). B. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. C. Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer 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 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. 24. Damages and Warranties - In addition to the terms previously disclosed, Summit State Bank is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential, (collectively, “Losses”) caused by SummitOnline Services or in any way arising out of the installation, use or maintenance of your computer hardware or software, including any software provided by us or one of our suppliers. In addition, we disclaim any responsibility for any electronic virus(es) you may encounter after installation of such software or use of SummitOnline Services. Without limiting the foregoing, neither the Bank nor its suppliers shall be liable for any: (i) failure to perform or any Losses arising out of an event or condition beyond their reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the internet, communication lines, postal system or ACH network. The Bank and its suppliers provide SummitOnline Services from their own sites and they make no representation or warranty that any information, material or functions included in SummitOnline Services are appropriate for use by you in your jurisdiction. If you choose to use SummitOnline Services, you do so of your own initiative and are solely responsible for compliance with applicable local laws and regulations. Neither the Bank nor its suppliers warrant the adequacy, accuracy or completeness of any information provided as a part of SummitOnline Services or contained in any third party sites linked to or from the Bank’s web site. SUMMIT STATE BANK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF SUMMITONLINE SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. SUMMIT STATE BANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. 25. Force Majeure - Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement or any related sub-agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection. 26. Assignment - Summit may assign its rights and/or delegate all or a portion of its duties under this Agreement or any related sub-agreement to a third party. 27. Governing Law, Collection Costs - This Agreement will be governed by and interpreted in accordance with the laws of the State of California. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction covering Sonoma County, CA, U.S.A. The prevailing party in any action to collect amounts owed pursuant to this Agreement shall be entitled to the recovery of its reasonable collection costs and attorney fees. When you click “I Agree” below, you will be agreeing to the terms and conditions in this SummitOnline Banking Agreement. If you do not agree with the terms and conditions in this SummitOnline Banking Agreement, please click “I Disagree” below and you will exit this agreement and will not be able to continue with your SummitOnline access. If you have any questions, please call us at 707-568-6100 or you may contact us at Summit State Bank’s main office at 500 Bicentennial Way, Santa Rosa, CA 95403.
 
 
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