Online Banking Agreement
(Effective December 1, 2006)
1. APPLICATION FOR SERVICE. By clicking on the "PROCEED" button below, you are applying for the online banking service (the "Service") and are agreeing to the terms of this Agreement. The terms of this Agreement supplement, and supersede where inconsistent, the terms of youraccount agreement with Union Bank, N.A. and/or UnionBanc Investment Services (?us? and ?we?). In this Agreement, ?you? refers to each person applying for the Service and each owner of the accounts accessed by the Service. Your use of the Service will be further evidence of your agreement to these terms and the other agreements that we provide to you.
You certify that all statements in your Service and account application are true and complete. You authorize us to obtain such information, including credit reports, as we may require concerning you and your application. You agree to inform us promptly of any change in your name, address or employment.
2. ELECTRONIC COMMUNICATIONS. By clicking the ?PROCEED? button below, you are agreeing to enter into this Agreement electronically. You also are confirming that you have downloaded or printed a copy of this Agreement for your records. We will make a copy of the Agreement available to you in written form at your request.
If you enroll in our Electronic Statement function, you agree that:
(a) Any notice, record or other type of information that is provided to you in connection with your accounts or the Service, such as statements, change-in-term notices, privacy disclosures, fee and transaction information, notices, check images, and account information (?Communications?), may be sent to you electronically by posting the information at our protectedweb site or by sending it to any of you by e-mail.
(b) We will not be obligated to provide any Communication to you in paper form unless you specifically request us to do so.
(c) You may obtain a copy of any Communication by contacting us at the address or telephone number set forth in Section 12. You also can withdraw your consent to ongoing electronic communications in the same manner, and ask that they be sent to you in paper or non-electronic form.
In order to receive Communications online, you must be able to access and retain them electronically. This means you must have: an e-mail address and Internet access; a computer with a printer, so you can print the Communications and keep them in hard-copy form, OR a hard drive with at least one megabyte of available memory to store them; a modem speed of 28kbs or greater; and a browser with 128-bit encryption. We do not provide ISP services. You must have your own Internet service provider.
Please see Section 12 for further details regarding the Online Statement Service.
3. THE SERVICE. The Service allows you to:
  • Obtain account balance and transaction information for your Activated Accounts
  • Transfer funds between Activated Accounts and set up recurring transfers from one Activated Account to another (Recurring transfers must be for the same amount)
  • Transfer funds between Activated Accounts and your accounts at other financial institutions
  • Make payments on certain Bank lines of credit, mortgages, or loans
  • Pay bills to merchants, institutions or individuals with a U.S. address
  • Pay your Union Bank credit card bill
  • View images of deposit slips, paid checks and online statements
  • Reorder checks from Deluxe® Check Printers
  • Request a stop payment on a check
You may begin using the Service only after we have provided you with a PIN and an Online Welcome Kit to confirm you enrollment as an Online banking customer.
4. BUSINESS DAYS. In this Agreement, the term ?Business Days? means Monday through Friday, excluding bank holidays.
5. ACTIVATED ACCOUNTS. You can have the following types of Union Bank (?Bank?) or Union Bank Investment Services (?Investment Services?) accounts connected to the Service: checking accounts, savings accounts, MoneyMarket deposit accounts (or Super MoneyMarket deposit accounts), personal and small business lines of credit, Cash Reserve line of credit, Portfolio Connection® accounts, Investment Services IRA and brokerage accounts (you may view account balance information only), and installment loans. We may allow other types of accounts to be connected to the Service from time to time. Connected accounts are referred to as "Activated Accounts." We reserve the right to determine which accounts can be connected to the Service.
6. AUTHORIZED PERSONS.If you are approved for this Service, you may act alone in using the Service to perform transactions involving any Activated Account. You can designate identification numbers for individuals you wish to be able to obtain account information or perform routine transactions on Activated Accounts. Individual identification numbers must be specifically requested for each individual name. This feature allows you to control the degree of access to, and authority over, your accounts when using the Service. For example, you may authorize certain individuals to make inquiries only, and other individuals the ability to initiate all transactions. After the request for an identification number is made, each individual will be mailed a temporary password. This temporary password will be replaced by a permanent password of the individual's choosing the first time the Service is used.
7. COMPUTER REQUIREMENTS. The Service requires the use of 128-bit encrypted, SSL v3 browser software, a computer, and a connection to the Internet Service Provider. In this Agreement, the device and software used to view the World Wide Web are collectively referred to as your "Computer". You are solely responsible for the selection, installation, maintenance, operation and cost of your Computer and Internet Service Provider. Note: the Service is not compatible with all browser software, and is best viewed using the latest version of Internet Explorer or other commonly used browsers.
8. TRANSFERS. General Limits: For security reasons online banking transactions may be limited for payments and transfers to businesses, merchants, or Union Bank accounts. Limits on transfers to accounts at other financial institutions and to Union Bank accounts that you do not own: The aggregate dollar amount of transfers by means of this Service and the Teleservices Bill Pay Option to other financial institutions and transfers to accounts you do not own may not exceed a cumulative total of $5,000 per Business Day. (Note: Transfers from MoneyMarket, High Rate MoneyMarket, and savings accounts are limited ? See Section 15.) We may treat all such online instructions you give us on a Saturday, Sunday or bank holiday as if you had given them on the next Business Day. Limits on Transfers from other financial institutions: Transfers made by means of this Service from another financial institution are limited to $500 each. Suspicious Transfers: You agree that we may delay or reject an online payment or transfer, if we suspect that you did not authorize it.
Refer to the All About Personal (or Business) Accounts & Services Disclosure and Agreement for a description of any transfer limitations. Transfers or payments from savings or money market accounts may be limited (see Section 15 of this Agreement). If there are insufficient available funds in an account you designate to make a transfer, or if making a transfer would cause your line of credit account to exceed your credit limit, we may refuse or reverse the transfer. If we choose, we may complete the transfer by overdrawing your account or by making an advance on your line of credit in excess of your credit limit. We will charge a fee for each transfer request that would overdraw your account (or exceed your credit limit) whether or not we complete the transfer. Each transfer made from a line of credit account will be treated as a loan advance.
9. BALANCE AND TRANSACTION INFORMATION. You can use the Service to obtain balance and transaction information about your Activated Accounts. With certain exceptions, as described below, your transactions and account balance are current as of the close of the previous Business Day. Your Available Balance also is shown on the Service, which takes into account uncollected funds, holds, and transactions posted or memo posted since the close of the previous Business Day. Due to timing differences between cut-off times for Money Market Fund transactions and Bank processing of deposits, checks and Union Bank Debit/ATM Card transactions, the Available Balance reported for Portfolio Connection accounts represents the Money Market Fund balance as of the end of business two Business Days prior. If you overdraw your checking account and you have Deposit Overdraft Protection, the credit to your checking account will appear on the day the checking account is overdrawn, and the debit to your savings account will not appear until the following day. This means that your savings account balance will be overstated by the transfer amount for one day. If a transfer exceeds the available credit on your Cash Reserve or line of credit, the funds will appear in the account to which you transferred them, but will not be available for withdrawal. The transfer may be reversed the following Business Day.
10. TELESERVICES® and AUTOMATED CUSTOMER SERVICE.When you sign up for Online Banking, you automatically have access to your account information through the Bank?s Teleservices and Automated Customer Service, the Bank's 24-hour telephone client service departments. The terms and conditions governing Teleservicesare provided in the All About Personal (or Business) Accounts & Services Disclosure and Agreement
11. ONLINE BILL PAYMENT. Our Online Bill Payment service allows you to schedule bill payments through the Service seven days a week. Through Online Bill Payment you can:
  • Make payments to individuals, businesses, merchants, and on your Union Bank credit card and loan accounts,
  • Set up payments to be made on a regular basis,
  • Make transfers to and from your Union Bank Activated Accounts, or set up automatic transfers, and
  • Make transfers to accounts at other financial institutions after those accounts are activated for transfer "to" capability.
Except in the case of a Union Bank credit card, when a Bank account is added as a payee, it will be immediately accessible to you as a ?Pay to? or ?Transfer "To" account.
(a) Payment Account -- Each time you make an Online Bill Payment, you must indicate the Bank Activated Account from which you wish the payment to be made (the "Payment Account"). Payments may not be made from savings accounts.
(b) Payment Method -- Your Online Bill Payments will be made by transferring funds electronically from the Payment Account to the payee, or by mailing or otherwise delivering a check payable to the payee. A "payee" is a person or business you are paying. You can only designate payees with United States addresses. We may refuse to accept certain parties as payees or may delete payees from our system if you do not transfer funds to them for an extended period of time.
(c) Timing and Scheduling Your Payments -- To allow time for the payee to receive your payment, you must schedule the payment to be made at least: FIVE Business Days prior to the day you want a payee to receive payment if the payment is sent via check; TWO Business Days for payments sent electronically; and ONE business day for payments to Bank loans or lines of credit (Note: Union Bank credit cards are subject to the five- and two-Business Day requirements described above). The day by which the payee indicates payment is due is the "Due Date."
We recommend that you do not schedule the payment to be made during a grace period that your payee grants between the Due Date and the date by which the payment is considered late. The Bank will not be liable for late charges, penalties, interest, finance charges and other damages if you schedule your payment to be paid during a grace period.
The Bank will initiate your payment request either on the Business Day we receive your request, or the Business Day you specify, up to 1 year in the future. Payments requested to occur on a Saturday, Sunday or Bank holiday will be processed on the next Business Day. You may make payments to your Bank loan Activated Accounts up to 11:30 p.m. (Pacific Time) on the Date Due for same day processing (Note: this does not include your Union Bank credit card).
When requesting an Online Bill Payment, your account will be charged on the day you designate the payment to be made (the "Send On Date"). The payment will be mailed or sent electronically to the payee the next Business Day. You must have available funds on deposit in the account you specify on the Send On Date for the payment to be made. The Bank assumes no responsibility for late payments if you do not properly schedule and submit your request. To ensure that critical or time-sensitive payments, such as insurance premiums, are made in a timely manner, we recommend that you schedule those payments well in advance of their Due Dates. Payees may require extra time to post a payment to your account because they do not receive a payment coupon or invoice number with the payment. Some payees disclose the extra processing time they require to post payments that do not include a payment coupon or invoice. Recurring payments may be set up to occur at regular intervals. They must be for the same amount each time. Any scheduled or recurring payment request you designate that falls on a Saturday, Sunday or a Bank holiday will be made on the following Business Day. Refer to your All About Personal (or Business) Accounts & Services Disclosure and Agreement.
(d) Caution Regarding Tax Payments -- We discourage you from using Online Bill Payment to pay federal, state or local tax agencies. Those agencies frequently require that coupons accompany payments, which cannot be done through Online Bill Payment. For this reason, unless the Bank made an error in scheduling a payment, the Bank will not be liable for penalties, interest or other damages of any kind to tax agencies.
(e) Disconnected Service -- If you are disconnected from the Service for any reason before you log out, we recommend that you log back onto the Service to verify that the payments or transfers you scheduled appear on your ?Pending Payments? or ?Pending Transfers? screen. If a scheduled payment or transfer is missing, please call the Union Direct Banking Center at 1-800-238-4486. Do NOT reissue any payment requests made during the interrupted session unless you have been advised to do so by the Union Direct Banking Center. Otherwise, a duplicate payment could result. You authorize us to pay any duplicate payments you issue. We will not be responsible for any payee's refusal to return any duplicate payments issued by you.
(f) Rejecting Payment Requests -- Payment requests may be rejected if they appear to be fraudulent or erroneous. A payment request may also be refused if there is any uncertainty regarding the transacting party's authority to conduct the transaction, or if there is any dispute or uncertainty regarding the ownership or control of the Payment Account.
(g) No Signature Required -- When a payment is requested using Online Bill Payment, you agree that we may charge your account to make the payment without your signature. When using the Service to make transfers from accounts, you agree that we may take any action required to obtain loan advances on your behalf, including charging the Activated Account you designated without your signature.
(h) Canceling Online Bill Payments -- After a payment request is transmitted, you may use Online Bill Payment to cancel the payment on the Bank's "Pending Payment/Transfers" web site page or by calling Union Direct Banking Center at 1-800-238-4486. The canceling request for payments must be transmitted before 11:30 p.m. (Pacific Time) on the Business Day the transaction is scheduled to take place, or you may be responsible for the payment.
12. ONLINE STATEMENT SERVICE. If you enroll for our online statement service, we may deliver notices, periodic statements, and other Communications to you electronically. Online delivery allows you to replace your mailed (paper) statement with an electronic version that you can view, save to your computer and/or print at your convenience. An ?Electronic Statement? contains all of the transaction information found in a traditional paper Statement, including the ability to view images of the front and back of checks paid during the Statement period. An electronic ?Customer Notice? is an online version of a written communication we would normally send to you via postal mail, such as notices of dishonored checks and deposited checks returned unpaid, change-in-term notices, privacy disclosures, and other Communications.
If we send you e-mail notification that a Customer Notice has been posted on our web site, our e-mail will include the location on our protected web site (URL) where the Customer Notice has been posted. Please note that we may not post a Customer Notice on our web site, if we have included its wording in an e-mail to you. You agree to review any changes to this Agreement promptly upon receipt of our Customer Notice. By continuing to use the Activated Account(s) or related services that are subject to the change after the effective date for a change in terms set forth in a Customer Notice, you indicate your agreement to the changes. You may request a paper copy of any Communication previously delivered electronically within the preceding 90 days by calling us at 1-800-238-4486. Unless we indicate otherwise, there is no charge for such a copy.
(a) Posting of Statements and Notices -- Until you instruct us otherwise in accordance with the terms of this Agreement, we may notify you via e-mail when we have posted your electronic Statement or a Customer Notice on our web site (banking.uboc.com), and each such e-mail notice shall be deemed to have been received by you on the day we send it. Any such Customer Notice, the Statement, and images of paid checks remain accessible there for 90 days after the later of: (a) the date of our e-mail notice, or (b) the date the Statement was first posted on our web site. We may also send you Customer Notices via e-mail only, that is, without also posting the Customer Notice on our web site. Please note that if you agree to receive electronic Statements and Customer Notices, you may not additionally receive them in paper form, unless you ask us to provide both. Otherwise, electronic Statements (including images of checks) and electronic Customer Notices may replace the paper versions of these communications in their entirety.
(b) Eligible Accounts -- In most cases, checking, savings, and Cash Reserve accounts are eligible for the electronic Statements and Customer Notice Service. Investment accounts are not eligible. Accounts formerly receiving Combined Statements will receive individual Statements electronically.
(c) Accessing Statements and Notices -- Your Statement or posted Customer Notice will be available at our web site for at least 90 days after the later of: (a) the date of our e-mail notice, or (b) the date the Statement or Customer Notice was first posted on our web site. You may save your Statement, Statement data, and Customer Notice (whether a Customer Notice is posted on our web site or is set forth only in our email to you) to your computer and/or print them, as you choose. You may view your Statement or a Customer Notice posted on our web site either as a web page or as a PDF document. To view the PDF, you will need Adobe® Reader® (a recent version). The current version of Adobe Reader is available free from Adobe?s web site (http://www.adobe.com/products/acrobat/readstep2.html). There is no fee for this download. You will be able to view the most recent three months of Statements and Customer Notices. After they have been available on our web site for 90 days, Statements are stored in our archives for at least five years, and you can request copies at any time at your banking office, online at unionbank.com or by calling us at 1-800-238-4486.
(d) Your E-Mail Address -- If for any reason the e-mail address you provide us changes or becomes inoperable for more than a short period of time (that is, excluding short-term periods of unavailability of your e-mail service for such reasons as use of your dial-up Internet connection line to make a telephone call, technical problems encountered by your Internet Service Provider, ?Mail Box Full? conditions, temporary suspension of e-mail service for unpaid provider fees, and the like), you agree to contact us immediately so that we can continue to provide you with electronic Statements and Customer Notices. YOU AGREE TO PROMPTLY LOGIN TO ONLINE WEB BANKING AT BANKING.UBOC.COM IN ORDER TO CONFIRM, UPDATE OR CHANGE YOUR E-MAIL ADDRESS. If for any reason you are not able to login to Online Web Banking at banking.uboc.com, you agree promptly to call us at 1-800-238-4486 to inform us that you are not able to do so. You also agree to contact us promptly if you do not receive your online Statement for any reason.
(e) Undeliverable E-Mail -- If we try to notify you by e-mail that your Statement or a Customer Notice has been posted online, or if we try to send you an e-mail that contains a Customer Notice not also posted on our web site, and we learn that the e-mail is undeliverable for any reason, we may try again one or more times to send our e-mail notification to your e-mail address in our file. In the alternative, we may: send you a notice that your Statement and/or Customer Notice(s) have been posted in Online Web Banking; remind you how to confirm, update or change your email address; inform you how to obtain a paper copy of any Statement or Customer Notice; and/or inform you how to discontinue electronic delivery of Statements and Customer Notices and return to getting these in paper form, if you wish to do so.
If you have chosen to receive Statements and Customer Notices both electronically and in paper form, we will continue sending you paper Statements and Customer Notices, but we may, at our discretion and at such time as we choose, discontinue sending these to you electronically without further notice. If you have chosen to receive Statements and Customer Notices in electronic form only, and you neither instruct us to discontinue delivering them electronically, nor provide us with a new e-mail address, then you agree that we may continue to comply with the terms of this Agreement and the Statement delivery preference(s) you have indicated within the ?Online Statement? setting section until such time as you instruct us otherwise.
(f) Limitation of Liability -- YOU AGREE THAT, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR INABILITY TO RECEIVE STATEMENTS OR CUSTOMER NOTICES ELECTRONICALLY FOR ANY REASON OUTSIDE OF OUR REASONABLE CONTROL, EVEN IF WE OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(g) Canceling the Service -- You can terminate electronic Statement and Customer Notice delivery for any one or more of your Activated Accounts at any time by setting all your Statements to mailed paper Statement ONLY at our online banking website, by calling us at 1-800-238-4486, or writing to us at PO Box 2306, Brea CA, 92822. There is no fee for terminating electronic Statement and Customer Notice delivery. At your request, we will provide you, at no cost, with a paper copy of any Customer Notice previously posted on our web site or contained in an e-mail we sent you within the preceding 3-month period. Charges for copies of a Statement previously delivered electronically and of the front and back of any check described on that Statement are as set forth in the account agreement for the relevant Activated Account. However, terminating electronic delivery of Statements and Customer Notices means that any special pricing applicable to accounts receiving Statements and Customer Notices electronically ONLY will end, and the regular monthly service charge for your Activated Account(s) will be determined in accordance with our fee schedule(s) for accounts NOT receiving ONLY electronic Statements and Customer Notices. If you terminate Online Statements ONLY, you may not be eligible to receive additional discounts if you later select that option again. Your ?Check Return? settings (Check Safekeeping, Check Imaging, or Checks Enclosed) will be re-set to the setting in place before you switched to electronic Statements and Customer Notices. However, because we need to capture and store paid checks for the entire statement cycle in order to provide Checks Enclosed service, Checks Enclosed will not be available until the next full statement cycle. Additional fees may apply.
13. STOPPING PAYMENT ON CHECKS. You can place a stop payment order for a check through the Service. To do so, you must provide us with timely, complete and accurate information regarding the account number the item is drawn upon, the item number, and the EXACT amount of the item (dollars and cents). If any information is incomplete or incorrect, we will not be responsible for failing to stop payment on the item. Also, depending on the date you request a stop payment, we may not be able to verify whether the item has been paid, in which case we may ask you to telephone Teleservices® or Commercial Customer Service. Be sure to wait for an online confirmation that a stop payment was placed before you log out of the Service. Requests become effective only when we confirm their receipt and have verified that the item has not been paid. To place a stop payment covering a range of checks that are missing or stolen, you must call Teleservices or Commercial Customer Service for personal assistance, or contact your banking office. Other terms and conditions governing stop payments are contained in your All About Personal (or Business) Accounts & Services Disclosure and Agreement.
14. PERSONAL IDENTIFICATION NUMBER. You need a Personal Identification number ("PIN") to access your Service. When you sign up for the Service, the Bank will mail a temporary PIN to you. During your first use of the Service, you will be required to select your own PIN. If you have designated different users for your Service, each will be issued a separate PIN. To help safeguard your security, you should change your PIN frequently. Do not write your PIN on your Computer. If you forget your PIN, you must contact us to have a new temporary PIN issued to you. You agree to keep your PIN confidential in order to prevent unauthorized access to your accounts and the Service. No Union Bank employee will ever ask you for your PIN. You should never include your PIN in any verbal, written, faxed, or e-mail communication with us. Your PIN can be changed within the Service. You will have a separate PIN to access Teleservices and Automated Customer Service.
15. TRANSACTION LIMITATIONS. Federal law limits the number of transfers and withdrawals from savings accounts and money market deposit accounts. You may not make more than six withdrawals and/or transfers from these accounts each monthly statement period by check (for accounts with check privileges), pre-authorized or automatic transfer, draft, debit card, data transmission, or telephonic agreement. Only three of these six transfers may be by check, draft, debit card, or similar order. Please see your account agreement for further details. In addition, Investment Services and the Bank reserve the right to limit the frequency and dollar amount of transactions from your Activated Accounts for security reasons.
16. HOURS OF OPERATION AND CUTOFF HOURS. The Service is available to you 24 hours a day, 365 days a year, except at times of "Service Unavailability" (see Section 17). Your Activated Account information is updated at each "Update Time", defined as 6:00 a.m. (Pacific Time) Tuesday through Friday and 8:00 a.m. (Pacific Time) on Saturday, except on Bank holidays. We will process your transaction request at the end of the Business Day if you complete and transmit the request by 11:30 p.m. (Pacific Time) (the "Cutoff Time"), Monday through Friday, except on Bank holidays. Transfer requests submitted after the Cutoff Time or on non-Business Days will be considered requested as of the next Business Day. If you attempt to send transaction requests near the Cutoff Time, and your request is not completed before the Cutoff Time, your transaction requests may be deemed received as of the next Business Day. The exact timing of the Update Time or the Cutoff Time may vary without advance notice. We will not be responsible for any loss or delay related to any variation.
17. SERVICE UNAVAILABILITY. Access to the Service may be unavailable without notice at certain times for the following reasons.
(a) Scheduled Maintenance -- There will necessarily be periods when systems require maintenance or upgrades. These typically occur as follows: (a) unavailable Monday to Friday 11:30 p.m. to 12:00 a.m. (Pacific Time) (b) available for inquiries only Tuesday to Saturday 12:00 a.m. to as late as 1:00 a.m. (Pacific Time) (c) unavailable Sunday from 12:00 a.m. to 6 a.m. (Pacific Time) (d) unavailable Sunday 11 p.m. to 2 a.m. Monday (Pacific Time).
(b) Unscheduled Maintenance -- The Service may be unavailable when unforeseen maintenance is necessary.
(c) System Outages -- Major unforeseen events, such as earthquakes, fires, floods, computer failures, interruptions in telephone service or electrical outages, may interrupt Service availability. During ?Inquiry Only? mode, you will not be able to schedule payments, transfers, or change your PIN.
Although we undertake reasonable efforts to ensure the availability of the Service, we will not be liable in any way for its unavailability or for any damages that may result from such unavailability.
18. SERVICE FEES. We will impose a fee for each transaction that exceeds the limit for a Savings Account or a Money Market Account ($15). Please see your All About Personal Accounts & Services Disclosure and Agreement and/or fee schedule for other fees associated with your accounts.
19. PROMOTIONAL SERVICE FEE WAIVERS. Your subscription and use of the Service is required to qualify for any promotional waiver of service charges. We may take up to 60 days to verify Service usage before crediting you with any promotional rebate (Note: discontinuing the Service does not require repayment of any rebate previously given). You are eligible for the benefits of only one promotional offer for Online banking and only for the software designated, and our determination of eligibility, whether by reference to Taxpayer Identification Numbers, account numbers, or otherwise, shall be conclusive on this point. The promotional waiver of other network fees for ATM transactions (but not any other fees which may be imposed for transactions on a non-Bank ATM) is available only on the single checking account you designate for Online banking billing purposes.
20. LIMITATION OF PROMOTIONAL OFFERS. We may, from time to time and at our sole discretion, make some or all of the Service available to qualifying customers at special promotional rates. Promotional offers are subject to the following limitations and requirements, as well as any other terms disclosed.
Any pricing advantage on related services (checking accounts, ATM fees, etc.) is contingent upon activation and regular use of the Service. If the promotional offer includes an ATM fee waiver, the waiver applies to network fees for withdrawals and transfers from your billing account only. An ATM fee waiver does not apply to the charges other financial institutions or merchants may impose for transactions at their locations. Only one promotional offer per Service relationship is permitted, and our determination on this point, whether by reference to Taxpayer Identification Number, account numbers, or otherwise, shall be conclusive. Promotional offers may change from time to time without prior notice. Unless otherwise indicated, no more than one promotional offer or discount shall apply with respect to any account or service. Making changes while you are obtaining the Service under a promotional offer terminates the benefits of that offer and entitles you to the benefits of any promotional offer then in effect for the new type of Service, but only for the period of time remaining under your original promotional offer.
21. E-MAIL. We may not immediately receive E-Mail that you send. Therefore, you should not rely on E-Mail if you need to communicate with us immediately, for example, if you need to report a lost or stolen card or PIN, or report an unauthorized transaction from one of your accounts. If you need to contact us immediately, please refer to Section 25. We cannot take action based on your E-Mail requests until we actually receive your message and have a reasonable opportunity to act. E-Mail may not be used to request account information or to conduct transactions with us (e.g., wire transfer requests, loan payments or funds transfers). Also, because E-mail you send to us may not be secure, do not include confidential information. If in doubt, contact us at 1-800-238-4486 or your banking office.
22. ACCOUNT STATEMENTS. You will continue to receive monthly account statements for your Activated Accounts, except in the case of savings accounts when there were no transfers in a particular month, or when you switch to Online Statements (see Section 12). In any case, you will be sent statements at least quarterly or annually, depending on your account agreement with the Bank. Service transactions will appear on your account statements. Both sides of your checks are recorded and stored securely for seven years.Copies of checks and statements can be ordered through the Service, or obtained by contacting Teleservices at 1-800-238-4486, Commercial Customer Service, or your banking office. We may impose a fee for such copies. See the All About Personal (or Business) Accounts & Services Disclosure and Agreement for details.
23. OUR LIABILITY FOR FAILING TO MAKE OR COMPLETE A TRANSACTION. 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 or damages. There are some exceptions, however. We will not be liable, for instance, if: you fail to provide us with timely, complete and accurate information for any transaction; through no fault of ours, you do not have enough available funds or credit availability in your account to make the payment or transfer; the payment or transfer would exceed the credit limit under any credit arrangement established to cover negative balances; circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption or a natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; the system or terminal was not working properly and you knew or should have known about the problem when you started the transaction; the funds in your account are subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal; the payment account is closed or frozen; the information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; you did not properly follow Service instructions on how to make the transfer or payment (this includes incorrect date, amount and/or address information); you did not authorize a payment early enough for the payment to be scheduled, transmitted, received, and credited by the payee's Due Date; we made a timely payment but the payee refused to accept the payment or did not promptly credit your payment after receipt; any third party through whom any bill payment is made fails to properly transmit the payment to the intended payee; your Computer, Internet connection and/or software malfunctioned for any reason; or the transaction could not be completed due to Service Unavailability. There may be other exceptions stated in our agreements with you.
We will not be responsible for any errors or failures due to any malfunction of your Computer, the unsuitability of your Computer, or any virus. We will have NO LIABILITY FOR CONSEQUENTIAL, REMOTE OR INDIRECT DAMAGES resulting from any failure to complete a transaction, even if we have been advised of the possibility of such damages, if you are a business or if your account was established for other than personal, family or household purposes.
24. YOUR LIABILITY FOR UNAUTHORIZED ELECTRONIC FUND TRANSFERS. Consumer Accounts: Tell us AT ONCE if you believe your PIN has been lost or stolen. Telephoning is the best way of limiting your possible losses. You could lose all the money in your account (plus your maximum line of credit). If you tell us within two Business Days that your PIN as been lost or stolen, you can lose no more than $50 if someone used your PIN without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft of your PIN, and we can prove we could have stopped someone from using your PIN without your permission if you had told us, you could lose as much as $500. Also, if your statement or information you access online shows transfers 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 money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told 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.
Business Accounts: The limitations on customer liability set forth in the preceding paragraphs do not apply to accounts held by businesses. Business customers agree to review promptly all statements, notices and transaction information made available to them, and to report all unauthorized transactions and errors to us immediately. Business customers agree that we may process payment and transfer instructions which are submitted with a correct PIN, and agree that such instructions will be deemed effective as if made by them, even if they are not transmitted or authorized by the customer.
25. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC FUND TRANSFERS. Consumer Accounts: Telephone us at 1-800-238-4486, or write to us at Union Bank, N.A., Union Direct Banking Center, P.O. Box 2306, Brea, CA 92822-2306 as soon as you can 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. (1) Tell us your name and account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. (3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will tell you the results of our investigation within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will re-credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time that 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 re-credit your account. If we decide that there was no error, we will send you a written explanation within three Business Days after we complete our investigation. You may ask for copies of the documents that we used in our investigation.
The time limits and provisional re-crediting procedures described in the preceding paragraph do not apply to businesses, which are subject to the provisions of the All About Business Accounts & Services Disclosure and Agreement.
26. REPORTING UNAUTHORIZED TRANSACTIONS. If you believe your PIN has been lost, stolen, or discovered by another person, or that someone has transferred or may transfer money from your account without your permission, call us at 1-800-238-4486 or write to us at: Union Bank, N.A., Union Direct Banking Center, P.O. Box 2306, Brea, California, 92822-2306.
27. RELEASE OF ACCOUNT INFORMATION. Please see the ?UnionBankCal Corporation Online Privacy Policy for Consumers? at our website for information about how we gather, use and secure nonpublic personal information about you. We may release information about your accounts and the transactions you perform to our affiliates, to companies that perform marketing services on our behalf, to other financial institutions with whom we have joint marketing agreements, and as permitted by law. We may disclose information, for example: (a) where it is necessary or helpful for completing a transfer; (b) to report the existence, history and condition of your account to credit reporting agencies; (c) to comply with government agency and court orders; (e) if you give us your consent; and (f) if you are a business, in response to trade inquiries.
28. PORTFOLIO CONNECTION ACCOUNTS. Portfolio Connection accounts and investments made available through UnionBanc Investment Services LLC, a registered broker-dealer, investment advisor, member NASD/SIPC (www.sipc.org), and wholly owned subsidiary of Union Bank, N.A.: · Are Not FDIC Insured · May Lose Value · Are Not Bank Guaranteed. See your Portfolio Connection Customer Agreement for complete details.
a) Portfolio Connection uses four affiliated HighMark money market mutal funds as sweep vehicles. HighMark Funds are distributed by SEI Investments Distribution Co., which is unaffiliated with the advisor, its parent, or any affiliates. HighMark Capital Management, Inc., a registered investment advisor, is a wholly owned subsidiary of Union Bank, N.A. and serves as investment advisor and administrator for the HighMark Funds. Union Bank, N.A. provides certain services to the funds and is compensated for these services. For more information about the HighMark Funds and other mutual funds available through UnionBanc Investment Services, including charges and expenses, please request a prospectus and read it carefully before you invest.
b) Although money market funds seek to maintain a $1.00 per share net asset value, there can be no assurance that such funds will be able to sustain this objective, and it is possible to lose money by investing in a money market fund. Please obtain a prospectus and read it carefully before you invest. Past performance is not an indication of future results.
29. NOTICES.We may send notices to you at the address shown in our account or Service records. A notice sent to any of you shall be deemed sent to, and received by, all of you.
30. SEVERABILITY. If any provision of this Agreement is determined to be void or invalid, the rest of the Agreement will remain in full force and effect.
31. OTHER TERMS. This Agreement supplements the agreements of the various Activated Accounts you have connected to your Service. Please see those agreements for other details regarding your accounts, fees and transactions.
32. NON-USAGE AND CANCELLATION OF SERVICE. You may cancel the Service by sending a written notice to Union Direct Banking Center, P.O. Box 2306, Brea, CA 92822-2306. Non-usage of the Service for 60 consecutive days may result in either termination of the Service or discontinuance of any service fee waiver at our sole discretion. You agree that, at any time after such notice or period of non-use, we may discontinue both the Service and/or any waiver of charges that ordinarily apply to this or any other services provided by Bank or Investment Services in connection with a promotional offer of the Service (e.g., free use of non-Bank ATMs or free Service or Online Bill Payment). We strongly suggest that you cancel all recurring and future bill payments before you cancel your service, either by deleting those payments yourself using the Service or by calling the Bank's Union Direct Banking Center at 1-800-238-4486. This will ensure that future payments and transfers made by you will not be duplicated. We may automatically delete, without notice, all outstanding payment orders (all individual payments and all recurring payments) once we have been notified that your service has been terminated.
33. TERMINATION OF SERVICE. We may suspend or terminate your Service at any time, with or without cause and without affecting your outstanding obligations under this Agreement. We may immediately take this action if: you breach this or any other agreement with us; we have reason to believe that there has been or may be an unauthorized use of your account or PIN; there are conflicting claims to the funds in your account; or you request that we do so.
34. CHANGES TO THE SERVICE OR THIS AGREEMENT.We may change or cancel the Service at any time without cause, subject to applicable laws and regulations. We may amend (add to, delete or change) the terms of this Agreement by sending any of you advance notice of the amendment.
35. DISPUTES
   If you have an Activated Account at a banking office in California, or if your Activated Account(s) is/are with Investment Services, the following applies, BUT ONLY TO TRANSACTIONS INVOLVING THE BANK, including transactions using the Bank?s Online Banking Service: All claims, causes of action, or other disputes concerning this Agreement (each a ?Claim?), including all questions of law or fact relating thereto, shall, at the written request of any Party, be determined by Judicial Reference pursuant to the California Code of Civil Procedure. The Parties shall select a single neutral Referee, who shall be a retired state or federal judge. In the event that the Parties cannot agree upon a Referee, the Court shall appoint the Referee. The Referee shall report a Statement of Decision to the Court. Nothing in this paragraph shall limit the right of any Party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The Parties shall bear the fees and expenses of the Referee equally, unless the Referee orders otherwise. The Referee shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. The Parties acknowledge that a jury will not decide the Claims.
If you have an Activated Account at a banking office in Oregon or Washington, or if your Activated Account(s) is/are with Investment Services, the following applies, BUT ONLY TO TRANSACTIONS INVOLVING THE BANK, including transactions using the Bank?s Online Banking Service: To the maximum extent permitted by law, you and the Bank intentionally and deliberately give up the right to a trial by a jury to resolve all claims, causes of action, or other disputes concerning this Agreement (each a ?Claim?),including all questions of law or fact relating thereto.
If the waiver of jury trial set forth above is not enforceable for any reason, then the Parties hereby agree that all Claims, including all questions of law or fact relating thereto, shall, at the written request of any Party, be determined by Judicial Reference pursuant to the applicable statutes of Oregon or Washington, as appropriate. The Parties shall select a single neutral Referee, who shall be a retired state or federal judge. In the event that the Parties cannot agree upon a Referee, the Court shall appoint the Referee. The Referee shall report a Statement of Decision to the Court. Nothing in this paragraph shall limit the right of any Party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies.
The Parties shall bear the fees and expenses of the Referee equally, unless the Referee orders otherwise. The Referee shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph. The Parties acknowledge that a jury will not decide the Claims.

Union Direct Banking, Portfolio Connection, and Teleservices are registered service marks of Union Bank, N.A. All other registered marks are marks of their respective owners.