NJCB Online Disclosure

New Jersey Community Bank
Print Date : 04-10-2015
Online Banking Agreement
NEW JERSEY COMMUNITY BANK
The following information represents the Online Banking Agreement between you and New Jersey Community Bank. We request that you read this entire document prior to using this service.
Customer Online Access Agreement for New Jersey Community Bank
This is the agreement for your New Jersey Community Bank Online Banking Services and it includes certain disclosures for electronic fund transfers. This agreement is in addition to other agreements between us, including your checking, savings, and other deposit account agreements (which we provided in the brochure entitled Depositor Agreement), as well as line of credit, and loan agreements. If there is a conflict between the terms and conditions of this agreement and one contained in the other agreements between us, this agreement will control.
In this agreement, the words “Bank,” “we,” “us” or “our” mean New Jersey Community Bank and its successors or assigns. When we use the words, “you” or “your” we mean each person who has an interest in an account or other relationship, which is accessible through the New Jersey Community Bank Online Banking Services, and any person as to whom such access is authorized. New Jersey Community Bank Online Banking Services (Services) means that information,communication and transactions provided to you by us through any non-branch remote channel, including the New Jersey Community Bank web site, http://www.njcbk.com, within our Area of Service, including, but not limited to, the following: account information, funds transfers and bill payments, stop payments, statement/transaction inquiries and downloads, and check order(s) for account(s) established at a branch or at an affiliate of the Bank.

When you use our Services or you permit any other person to use our Services, you agree to the terms and conditions we have set out in this agreement and any instructional material that we provide you regarding the Services. Your use of the Services may be made by use of certain numbers, codes, marks, signs, public keys or other means of establishing your identity and acceptance of the electronic communications which are acceptable to the Bank. All electronic communications that meet these requirements will be deemed to be valid and authentic and you intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. You agree that electronic copies of communications are valid and you will not contest the validity of the originals or copies, absent proof of altered data or tampering.

1. Equipment and Software. The following device (Equipment) is required to access the Services: Personal computer and modem. If you access the Services by use of a personal computer, you agree: (1) to use Internet Services Provider software products (Software); (2) the Software, and any future upgrades, must be loaded and operational on your personal computer and you must use a modem to access the Services through the designated interface Equipment and Software; (3)as this service becomes available, to receive account information by electronic transmission of a visual display of the text. You may request a paper copy of electronic notices required by federal regulations within 60 days of the availability of the electronic disclosure. Contact customer service for available user guides for the Software. Any other software used by you in the future to access our system, if supported by us, will be provided and maintained by you at your expense.
2. Account Access. To have access to the Services you must be an authorized user of the Software you select, if required for use with the Equipment. You must also have at least one eligible deposit or credit account with us. If you have more than one account or other relationship with us, we will “link” the relationships together unless you request certain accounts not be linked. Accounts that are “linked” under the Services will have one common owner and signer. Any signer, acting alone, must be authorized to access a linked account. Any non-linked account will not be accessible through the Service. An account that requires two or more signatures to make withdrawals may not be designated as an Eligible account. Eligible accounts are the following New Jersey Community Bank personal or business account types that you may request access to through the Available Services:
• Checking
• Money Market Account
• Certificate of Deposit (CD)
• Savings
• Installment Loan
• Commercial Loan
• Mortgage Loan
• Line of Credit
3. Access Codes. During your use of the Services, you are required to enter:
• Customer Access Number
• Password and
• User Name
Additional numbers and words may be required depending on the Equipment and software used. Use of these Access Codes is the agreed security proc
edure to access the Services through any of the Equipment. You agree to keep these numbers and codes confidential to prevent unauthorized access to your accounts and to prevent unauthorized use of the Services. For security purposes we recommend that you do not use the same Access Codes you use on other bank
products.
4. Available Services. Depending upon the particular features and the Equipment you select, you may be allowed access to the following Services by first entering your Access Codes:
(a) Account Information. You may obtain an account balance and summary information, uncollected funds information, cleared transactions detail for at least the current statement period.
(b) Internal Transfers and Payments. You may request to transfer funds to and from certain New Jersey Community Bank account(s). Transfer of funds between your New Jersey Community Bank account(s) may be limited to a per transaction monetary limit. Certain transfers will occur automatically. Bank personnel upon proper verification perform other transfer requests, known as Advance Requests. The restrictions on the number of withdrawals from your money market accounts apply to transfers from the accounts accessed through Online Banking.
5. E-Mail. E-mail transmissions outside of the mail you create within the Online Banking site are not secure. Therefore, we request that you do not send us or ask for sensitive information such as account numbers, password, financial information, etc. via any general or public E-mail system. If you wish to contact us electronically, please use the mail facility forms provided in our Online Banking site. Use this secure form for emails concerning the following types of inquiries:
• Electronic Funds Transfer Error Resolution
• Reporting Unauthorized Transactions
• Contacting us about other concerns of a confidential nature.
Under NO circumstances will a New Jersey Community Bank employee request your Password via the Internet or any other type of contact. Do NOT respond to such a request even if the individual claims to represent New Jersey Community Bank or any of its subsidiaries.
6. Service Charges or Fees. Once you are an enrolled user of the Services, you may be charged the applicable Monthly Fee and/or Usage Fee whether or not you use the Services. See the “Schedule of Fees and Charges”. You authorize us to automatically deduct all applicable charges and fees from your primary Eligible checking account you have with us.
7. Reporting Unauthorized Transactions. If you believe that an unauthorized transaction has been or may be conducted from your deposit account without your permission, call the security officer for New Jersey Community Bank at (732) 431-2265 or fax us at (732) 431-5225.
8. Periodic Statement. You will be mailed periodic statements for your eligible account(s) with the regularity provided for in the Deposit agreements. In addition to reflecting your other account activity, your statements will include any transfers you authorize using the Services.
9. Business Days and Hours of Operation. Our business days are Monday through Friday except Federal bank holidays. A customer service representative will be available to assist you between the hours of 8:00 am to 5:00 pm EST or DST, as may be the case. Although advance requests, wire transfers, and check orders transactions can be processed only on business days, you can use your Equipment to reach us 24 hours a day, seven days a week, except during any special
maintenance periods.
10. Your Responsibility. You are responsible for all transfers you authorize using the Services. If you permit other persons to use the Services or your Access Codes, you are responsible for any transactions they authorize from your linked deposit accounts. You should notify us immediately at (732) 431-2265 if you believe any of your accounts have been accessed or your Access Codes have been taken or used without your permission. Telephoning us right away will help you reduce possible losses. To the extent a transaction is an electronic fund transfer, you can lose no more than $50 if you notify us within two business days of discovering any unauthorized use of the Services or your Access Codes. However, you can lose as much as $500 if you do not notify us within two business days of discovering the unauthorized use and we can prove that we could have prevented the unauthorized use had we been notified.
In addition, if you do not report unauthorized transactions that appear on any of your periodic statements within 60 days after such statements are mailed or electronically transmitted to you, you risk unlimited losses on transactions made after the 60 day period if we can prove that we could have prevented the unauthorized use after the expiration of the 60 day period had we been notified within this 60 day period. If a verifiable good reason (such as a hospital stay) kept you from telling us, we may, in the exercise of our sole discretion, extend the time periods.
11. Our Responsibility. We, or a third party acting as our agent, are responsible for completing fund transfers on time, according to your properly entered and transmitted instructions. However, neither we nor our agent will be liable:
o If you do not have adequate money in a deposit account to complete a transaction from the account, or if that account has been closed;
o If you have not properly followed Software or service instructions on how to make a transfer;
o If you have not given complete, correct and current instructions so that a transfer can be made;
o If withdrawals from any Eligible accounts have been prohibited by a court order such as a garnishment or other legal process;
o If we or our agent reasonably believes that a transaction may be unauthorized and based thereon the transaction is not completed;
o If your equipment and/or software were not working properly and this problem should have been apparent to you when you attempted to authorize a transfer payment;
o If circumstances beyond our control, or the control of our agent, prevent the completion of a transfer or payment, despite reasonable precautions that we have taken. Such circumstances include, but are not limited to, computer failure, telecommunication outages, postal strikes and other labor unrest, delays caused by fires, floods, and other natural disasters.
There may be other exceptions to our liability as stated in your Depositor Agreement.
12. Electronic Fund Transfer Error Resolution.In case of errors or questions about any electronic payment or transfer initiated from your deposit account(s) under the Service, contact us immediately.
Call: 732-431-2265or Fax us at: 732-431-5225.
If you think your statement is wrong or if you need more information about a transaction listed on the statement, we must hear from you no later than sixty (60) days after we send or deliver to you the FIRST statement on which the problem or error appeared.
To report an error you must provide us with the following information:
o Tell us your name and account number(s).
o Describe the suspected error or the nature of the problem, explaining as clearly as you can why you believe an error has been made, or describe what additional information you need.
o 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 with ten (10) business days. We will tell you the results of our investigation within ten (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 forty-
five (45) days to investigate your complaint or question, in which case, we will credit your account within ten (10) business days 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 do not receive it within ten (10) business days, we may not re-credit your account during the investigation. In the case of a new account, the applicable time periods shall be twenty (20) business days in place of ten (10) business days and ninety (90) days in place of forty-five (45) days. An account is considered a new account during the first thirty (30) calendar days after the account is opened, but only if you did not have another account with us for at least
thirty (30) calendar days when the account in question was opened.
If we decide that there was no error, we will send you a written explanation within three (3) business days after we finish our investigation. You may ask for copies of the documents that we used in our investigation.
13. Liability for Loss or Erroneous Data. The Bank will bear no liability or risk for any error or loss of data, information, transactions or other losses, which may be due to the failure of their respective computer systems, or that of a third party communications provider on which you or the Bank may rely. We shall have no liability to you for any damage or other loss, direct or consequential, which you may incur by reason of your use of your computer system.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO THE EQUIPMENT, BROWSER AND/OR THE INSTALLATION OR MAINTENANCE THEREOF, ACCESS TO OR USE OF THE ONLINE SERVICE, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, BUGS, ERRORS, CONFIGURATION PROBLEMS OR INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, PROBLEMS WITH INTERNET SERVICE PROVIDERS, PROBLEMS OR DELAYS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, PROBLEMS WITH DATA TRANSMISSION FACILITIES OR ANY OTHER PROBLEMS YOU EXPERIENCE DUE TO CAUSES BEYOND OUR CONTROL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN ANY APPLICABLE AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK AND THAT THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES, ARE PROVIDED ON AN “AS IS,” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE ONLINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE UNLESS OTHERWISE STATED ON THE SITE OR IN ANY
APPLICABLE AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF M
ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE ONLINE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITES. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
14. Changes/Interruptions in Services. We may on a regular basis perform maintenance on our equipment or system that may result in interrupted service. We also may need to change the scope of our Service from time to time. We will attempt to provide prior notice of such interruptions and changes but we cannot guarantee that such notice will be provided.
15. Harm to Computer Systems/Data. The Bank will bear no liability whatsoever for viruses, or other similar harmful components that may enter your computer system by downloading information, software, or other materials from our site. Our liability shall be expressly limited to replacing, or the reasonable cost of replacing the lost information. We will not be responsible or liable for any direct, indirect, incidental or consequential damages which may result from such harmful components.
16. Performance of Software and Electronic Service. In no event will we or our officers, directors, employees or agents be liable to you for any consequential, incidental or indirect damages arising out of the use, misuse or inability to use the Service, or for any loss of any data, even if we have been informed of the possibility of such damages. WE MAKE NO WARRANTY TO YOU REGARDING EQUIPMENT OR SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
17. Privacy. You agree that we may release, or assist in the release of such credit and other account information to a third party as may be necessary to process a transaction or resolve disputes, or comply with any order issued by a court or governmental agency. We may also release such information to any recipient as to whom you give us advance written permission. We may share the information you provide us with our affiliates, unless you provide us notice by the Mail facility
available within this Service, or in writing, that your information may not be communicated to our affiliates.
18. Ownership of Materials. The content and information on our site is the property of New Jersey Community Bank. It should not be duplicated, or copied by any means, unless otherwise specified.
19. Severability. If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
20. Area of Service. The Service described in this Agreement and any application for consumer credit and deposit services available at our site are solely offered to citizens and residents of the United States of America.
21. Governing Law and Venue. These terms and conditions of this Agreement shall be governed by and construed in accordance with the applicable federal and state laws in effect within the State of New Jersey. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provision thereof shall be instituted only in the courts of the State of New Jersey.
22. No Signature Required. When any payment or other on-line service generates items to be charged to your account, you agree that we may debit your designated account or the account on which the item is drawn without requiring your signature on the item, and without prior notice to you.
23. Amendment of this Agreement. We may amend this agreement (including changes in its fees and charges hereunder), by giving notice to you at least thirty (30) days before the effective date of the amendment, unless law or applicable regulation otherwise requires such change or amendment. Your continued use of the Service is your agreement to the amendment(s). Depositor’s overdraft protection and line of credit agreements will continue to apply in accordance with our published Schedule of Fees, as amended from time to time.
24. Records; Communications Our records, kept in the regular course of business, shall be presumed to accurately reflect the contents of your instructions to us and, in the absence of manifest error, will be binding and conclusive.
Unless otherwise prohibited by law, any communication or material you transmit to us via the New Jersey Community Bank website or e-mail is on a non-
confidential basis and we may use such communication or material for any purpose consistent with our Privacy Policy, including reproduction, publication, broadcast and posting. You agree to provide a valid phone number, e-mail address and other delivery location so that we may send you information about your applicable account. Any notice of a changed phone number, e-mail address or delivery location provided in response to an attempt to contact you at phone number, e-mail address or delivery location provided by you will be deemed to be a phone number, e-mail address or delivery location provided by you. You agree that in the event that we do not have a valid e-mail address, phone number or other delivery location on file, we may obtain such information from a third party. You agree that we may use any contact information submitted or verified on this website to contact you about your account, which includes, but is not limited to any e-mail address, for purposes of corresponding with you about your account and that such correspondence may contain the status of your account. You understand that information sent to any e-mail address you provide may not be encrypted and may include personal or confidential information about you such as your name and account activity or status.
25. Indemnity. You acknowledge and agree that you are personally responsible for your conduct while using the Online Service and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Online Service or the use of the Online Service by anyone using your card number, account number, PIN, User ID or Password or your violation of this Agreement or the rights of any third party (including, but not limited to, privacy rights). Further, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys. fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own, for any access to information transmitted to you via a phone number, e-mail address, or other delivery location that is accessed by a third party or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations under this paragraph shall survive termination of this Agreement.
26. Waiver. We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of that term or provision in the future.
27. Assignment. We may assign rights and delegate duties under this Agreement to a company affiliated with us or to any other party.
28. Termination/Availability.We may terminate or suspend this Agreement, or terminate, suspend or limit your access privileges to the Online Service, in whole or part, at any time for any reason without prior notice. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. Not all of the products or services described on the website(s) are available in all geographic areas. Therefore, you may not be eligible for all the products or services described. We reserve the right to determine your eligibility for any product or service.
29. Notices. You agree that by using the Online Service, all notices or other communications which we may be required to give you arising from our obligations under this Agreement or the Online Service may be sent to you electronically to any e-mail address we have for you, or at our option, another e-mail address you provide to us or in any other manner permitted by law.
30. New Features. We may, from time to time, introduce new features to the Online Service or modify or delete existing features at our sole discretion. We shall notify you of any of these changes to features if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the rules concerning these features.
31. Virus Protection. New Jersey Community Bank is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC and diskettes using a reliable virus product to detect and remove any viruses found. An undetected or unrepaired virus may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit a virus to other computers.
32. Security. New Jersey Community Bank is committed to the security of our customers and account information. New Jersey Community Bank has used state of the art technology in the development of this site to facilitate this security. New Jersey Community Bank requires customers to enter a Customer Access Number, a User Name, and a Password to access the Online Banking pages in addition to using a secure Internet browser. Only those customers who have existing accounts may obtain a Customer Access Number. If you do not currently bank with New Jersey Community Bank and would like to open an account or learn more about other products and services, please visit our home page.
We urge you to observe the following guidelines to protect against fraud:
• Do not give out your account information, Customer Access Number, User Name or Password.
• Never leave your account information out in an open area accessible by others including your PC screen.
• Never send privileged account information (account number, Password, etc.) in any public or general E-mail system.
• Never leave your PC unattended while you are within the New Jersey Community Bank Online Banking site.
33. Cookies. A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain non-personal information such as a user ID that the site uses to track the pages you’ve visited. Cookies can’t read data off your hard disk or read cookie files created by other sites. Cookies
usually expire when a user turns off the browser, when the web server has determined that the transaction is complete, or at a specified date. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You can refuse cookies by turning them off in your browser, and you do not need to have cookies turned on to use our website. New Jersey Community Bank uses cookies to track user movement through our site, remember repeat visitors, and optimize navigation. For certain applications, such as Online Banking, cookies are a requirement because they help protect the privacy of a customer’s transactions by, for example, automatically terminating the online session if the customer forgets to log out.
34. Entire Agreement. This Agreement is the entire agreement between you and us and it supersedes any marketing or other similar material pertaining to the Service delivered to you in writing, verbally or obtained at our site or the site of an Internet service provider.
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