Agreement Between User and Cbbank.com
Welcome to cbbank.com. The cbbank.com website (the “Site”) is composed of various web pages operated by Citizens Business Bank (“the Bank”). The Site is offered to you conditioned on your acceptance, without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Bank does not knowingly collect, either online or offline, personal information from persons under the age of 13, in accordance with the Children’s Online Privacy Protection Act of 1998 (COPPA). By using the Site, you confirm that you are over the age of 13.
Visiting the Site and/or sending emails to the Bank constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide you electronically, by email and on the Site, satisfy any legal requirement that such communications be in writing. You acknowledge that the Bank may disclose and transfer any information that you provide through this Site for everyday business purposes, such as to process your transactions and maintain your account(s), as well as for marketing purposes to offer our products and services. You also acknowledge and agree that by submitting any content to the Site, you warrant and represent that you are the owner of the content or otherwise have the right to use the content, including any and all intellectual property interests, in such manner.
Links to Third-Party Sites/Third-Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Bank and the Bank is not responsible for the content of any Linked Site, including, without limitation, any link contained within a Linked Site, or any changes or updates to a Linked Site. The Bank is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Bank or responsibility for the opinions, ideas, products, information, security, privacy, or services offered at such Linked Sites, or any representation regarding the content on such Linked Sites.
Certain services made available on the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that the Bank may share information and data concerning your use with any third party with whom the Bank has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
THE BANK HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY INFORMATION, MATERIALS, SERVICES, OR PRODUCTS POSTED OR OFFERED AT ANY OF THE THIRD-PARTY WEBPAGES OR WEBSITES LINKED TO THIS SITE. BY CREATING A LINK TO A THIRD-PARTY WEBPAGE OR WEBSITE, THE BANK DOES NOT ENDORSE OR RECOMMEND ANY SERVICES OR PRODUCTS OFFERED OR INFORMATION OR MATERIALS CONTAINED IN SUCH WEBPAGE OR WEBSITE. THE BANK SHALL NOT BE LIABLE FOR ANY INFORMATION OR MATERIALS CONTAINED IN SUCH WEBPAGE OR WEBSITE, OR FOR ANY FAILURE OF SERVICES OR PRODUCTS OFFERED OR ADVERTISED ON SUCH WEBPAGE OR WEBSITE. THE BANK DOES NOT WARRANT THAT SUCH WEBPAGE OR WEBSITE IS FREE FROM ANY CLAIMS OF INFRINGEMENT OR DEVOID OF MALWARE, VIRUSES, OR OTHER CONTAMINATION AS SUCH THIRD-PARTY WEBPAGES OR WEBSITES MAY PROVIDE LESS SECURITY THAN THE BANK’S WEBPAGES OR WEBSITES AND THE BANK IS NOT LIABLE FOR THE PRIVACY OR SECURITY PROVIDED FOR ON SUCH THIRD-PARTY WEBPAGES OR WEBSITES.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable right to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to the Bank that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Bank or its service providers and may be subject to protection under copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You agree to not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Bank’s content is not for resale or to be reproduced by you in any fashion or format. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you agree to not delete or alter any proprietary rights or attribution notices in any content. You also agree that you will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Bank and the trademark or copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Bank or our licensors except as expressly authorized by these Terms.
You Further Agree That You Will Not:
a) attempt to gain unauthorized access to any accounts, computer systems, or networks through hacking, phishing, password mining, or any other means;
b) impersonate any person or entity, falsely state, or otherwise misrepresent your affiliation with a person or entity, collect, or store personal data about other users in connection with the prohibited conduct and activities;
c) violate, intentionally or unintentionally, any applicable local, state, national, or international law, these Terms, or the Site’s policies and procedures;
d) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
e) use any material or information in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f) forge headers or otherwise manipulating identifiers (including URLs) in order to disguise the origin of any materials, or deleting or altering any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other uploaded material; and/or
g) collect personal information about others, including email addresses or other personal information.
Potential Disruption of the Site
The Bank may shut down this Site or limit or delay access to all or part of the Site. You acknowledge that access to the Site may from time to time be unavailable, delayed or slowed at any time, for any reason, without notice, and without liability to you.
The Site is controlled, operated and administered by the Bank from our offices within the U.S. If you access the Site from a location outside the U.S., you are responsible for compliance with all local laws. You agree that you will not use the Bank’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless the Bank, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or the Site’s services, any user postings made by you, your violation of any of the Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER THE BANK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR BROWSING IN THE SITE. THIS INCLUDES DAMAGES TO, OR ARISING OUT OF MALWARE OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE BANK AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE BANK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION, EXCEPT TO THE EXTENT REQUIRED BY LAW, INCLUDING, BUT NOT LIMITED TO, FDIC AND CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION (DFPI) REGULATIONS. THE BANK FURTHER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. THE BANK AND/OR ITS SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE BANK AND/OR ITS SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BANK AND/OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE BANK OR ANY OF ITS SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
The Bank reserves the right, in its sole discretion, to terminate any and all Site offerings and transmission at any time, without prior notice to user.
This agreement is governed by the laws of the State of California, without reference to its conflicts of laws and principles, and you hereby consent to the exclusive jurisdiction and venue of courts in San Bernardino County, California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section
The Terms do not nullify, and are in addition to, any other terms and conditions contained in other agreement(s) between you and the Bank, including without limitation, any agreement regarding your use of any webpages, websites, or social media sites maintained by the Bank. In the event of a conflict, the additional terms and conditions will govern those sections or pages. In addition, certain portions or pages of this Site or other webpages, websites, or social media sites are subject to additional disclosures and disclaimers. In the event of conflict between those disclosures and disclaimers, and these Terms, the additional disclosures and disclaimers will govern for those portions, pages, or sites. Termination or modification of these Terms will not affect, or result in the termination or modification of, any such other agreements or disclaimers.
The Site may contain financial and other information which is forward-looking and involves risks and uncertainties, including, without limitation, risks associated with banking and lending businesses, and the other risks and uncertainties detailed from time to time in the Bank’s Annual Report.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Bank or any providers of any Linked Sites as a result of the Terms or use of the Site. The Bank’s performance of the Terms (to the extent applicable to the Bank) is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of the Bank’s right or obligation to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Bank with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, the Terms constitute the entire agreement between you or any other user and the Bank with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you or any other user and the Bank with respect to the Site. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wishes of the parties to this agreement that the Terms and all related documents be written in English.
Changes to Terms
The Bank reserves the right, in its sole discretion, to update or modify these Terms at any time and without prior notice, by posting the revisions on this Site. You are bound by any such revisions at the time of such posting and you should therefore periodically review the Terms to stay informed of our updates. The most current version of the Terms will supersede all prior versions. Your simultaneous or subsequent use of this Site constitutes your agreement to be bound by any such revised Terms.