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Disclosures
Deposit Account Terms and Conditions Agreement

This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules that control your deposit account(s) (collectively, the "Agreement"). Please read this document carefully. If you sign the signature card or open or continue to keep your account with us, you agree to these rules. You will receive a separate schedule of rates, qualifying balances and fees if they are not included in this document. If you have any questions, please call us at (800) 735-2465. This Agreement is subject to applicable federal laws and the laws of the state of California (except to the extent that this Agreement can and does vary from such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here. The purpose of this document is to:

  1. Summarize some laws that apply to common transactions;
  2. Establish rules to cover transactions or events that the law does not regulate;
  3. Establish rules for certain transactions or events that the law regulates but permits variation by agreement; and
  4. Give you disclosures of some of our policies to which you may be entitled or in which you may be interested.

If any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document countersigned by one of our authorized representatives. As used in this document the words "we," "our," and "us" mean California First National Bank and the words "you" and "your" mean the account holder(s) and anyone else with the authority to deposit, withdraw or exercise control over the funds in the account. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.

LIABILITY
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this account and the schedule of charges. You authorize us to deduct these charges directly from the account balance. You will pay any additional reasonable charges for services you request that are not covered by this Agreement. Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this account. This liability is due immediately, and can be deducted directly from the account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft. This includes liability for our costs to collect the deficit including, without limitation and to the extent permitted by law, our reasonable attorneys' fees.

DEPOSITS
We will give only provisional credit until collection is final for any items we accept for deposit (including items drawn "on us"). Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S.

Truth in Savings Disclosure

Regular Checking Account Important Disclosures
A minimum deposit of $1,000.00 is required to open this account.

Regular Checking Account Truth In Savings Disclosure
This Truth-in-Savings Disclosure ("Disclosure") contains information about California First National Bank's Regular Checking Account. This Disclosure is a part of and incorporated into the California First National Bank Deposit Account Terms & Conditions Agreement (the "Agreement") and, along with the Agreement, establishes the terms and conditions of the Regular Checking Account.

Minimum Balance Requirements
You must deposit $1,000.00 to open this account. A service charge of $12.00 will be imposed each statement cycle in which the daily balance falls below $1,000.00. If your combined balances in all your CalFirst accounts equal $5,000.00 or more on every day during the statement cycle, no service charge will be imposed.

Fees
See Common Features section, below.

Statements
Statements for this account will be mailed to you monthly. You may also view your account activity online.

Additional Information
Free first order of checks
Free Online Bill Paying
Free Online and telephone account access
Free ATM card
ATM transaction fees of up to $6.00 reimbursed each statement cycle
Online check re-ordering


Interest Checking Account Important Disclosures
Annual Percentage Yield (APY) is variable and may change after the account is opened. Fees may reduce earnings. A minimum deposit of $2,500.00 is required to open this account.

Interest Checking Account Truth In Savings Disclosure
This Truth-in-Savings Disclosure ("Disclosure") contains information about California First National Bank's Interest Checking Account. This Disclosure is a part of and incorporated into the California First National Bank Deposit Account Terms & Conditions Agreement (the "Agreement") and, along with the Agreement, establishes the terms and conditions of the Interest Checking Account.

Interest Rate Information
Your interest rate and annual percentage yield may change. Please refer to the California First National Bank "Current Rates and Yields" for the current interest rates and annual percentage yields. You also may call us at (800) 735-2465 for current rate information.

Determination of Rate
We may change the interest rate on your account at our discretion.

Frequency of Rate Changes
We may change the interest rate on your account at any time without notice.

Limitations on Rate Change
There are no maximum or minimum interest rate limits for this account.

Compounding and Crediting Frequency
Interest does not compound on this account. Interest is credited to your account monthly. If you close your account before interest is credited, you will not receive interest.

Minimum Balance Requirements
You must deposit $2,500.00 to open this account. A service charge of $15.00 will be imposed each statement cycle in which the daily balance falls below $2,500.00. If your combined balances in all your CalFirst accounts equal $5,000.00 or more on every day during the statement cycle, no service charge will be imposed.

Balance Computation Method
The daily balance method is used to calculate the interest on your account. Interest is calculated for each day by multiplying the balance of the principal in the account each day times the daily periodic rate based on the interest rate in effect at that time.

Accrual of Interest on Non-Cash Deposits
Interest begins to accrue on the business day that we receive your deposit of non-cash items (for example, checks).

Transaction Limitations
As authorized by Federal Law, we reserve the right at any time to require not less than seven days’ notice in writing before each withdrawal from this account.
See Common Features section, below.

Statements
Statements for this account will be mailed to you monthly. You may also view your account activity online.

Additional Information
Free first order of checks
Free Online Bill Paying
Free Online and telephone account access
Free ATM card
ATM transaction fees of up to $6.00 rebated each statement cycle
Online check re-ordering


Money Market Account Important Disclosures
Annual Percentage Yield (APY) is variable and may change after the account is opened. Fees may reduce earnings. A minimum deposit of $5,000.00 is required to open this account.

Money Market Account - Truth In Savings Disclosure
This Truth-in-Savings Disclosure ("Disclosure") contains information about the Money Market Account. This Disclosure is a part of and incorporated into the California First National Bank Deposit Account Terms & Conditions Agreement (the "Agreement") and, along with the Agreement, establishes the terms and conditions of the Money Market Account.

Interest Rate Information
Your interest rate and annual percentage yield may change. Please refer to the California First National Bank "Current Rates and Yields" for the current interest rates and annual percentage yields. You also may call us at (800) 735-2465 for current rate information.

Determination of Rate
We may change the interest rate on your account at our discretion.

Frequency of Rate Changes
We may change the interest rate on your account at any time, without notice.

Limitations on Rate Change
There are no maximum or minimum interest rate limits for this account.

Compounding and Crediting Frequency

Interest does not compound on this account. Interest is credited to your account monthly. If you close your account before interest is credited, you will not receive interest.

Minimum Balance Requirements
You must deposit $5,000.00 to open this account. A service charge of $20.00 will be imposed each statement cycle in which the daily balance of the account falls below $5,000.00. If your combined balances in all your CalFirst accounts equal $5,000.00 or more on every day during the statement cycle, no service charge will be imposed.

Balance Computation Method

The daily balance method is used to calculate the interest on your account. Interest is calculated for each day by multiplying the balance of the principal in the account that day times the daily periodic rate based on the interest rate in effect at that time.

Accrual of Interest on Non-Cash Deposits
Interest begins to accrue on the business day that we receive your deposit of non-cash items (for example, checks).

Transaction Limitations
You are limited to six transfers or withdrawals (including Online Banking and Telephone Banking transfers or other pre-authorized, automatic, or telephonic transfers or withdrawals) each statement cycle, no more than three of which may be by check. Withdrawals or transfers in excess of these limits are subject to a service charge of $10.00 per transaction. Subject to your available balance, there are no limits on transfers or withdrawals made at an ATM and there are no limits on withdrawals requested by telephone or mail when the funds are payable to and mailed directly to you. As authorized by Federal Law, we reserve the right at any time to require not less than seven days notice in writing before each withdrawal from this account.

Fees
See Common Features section, below.

Statements
Statements for this account will be mailed to you monthly. You may also view your account activity online.

Additional Information

Free checks
Free Online and telephone account access
Free ATM card
ATM transaction fees of up to $6.00 rebated each statement cycle
Online check re-ordering


Savings Account Important Disclosures
Annual Percentage Yield (APY) is variable and may change after the account is opened. Fees may reduce earnings. A minimum deposit of $1,000.00 is required to open this account.

Savings Account Truth In Savings Disclosure

This Truth-in-Savings Disclosure ("Disclosure") contains information about California First National Bank's Savings Account. This Disclosure is a part of and incorporated into the California First National Bank Deposit Account Terms & Conditions Agreement (the "Agreement") and, along with the Agreement, establishes the terms and conditions of the Savings Account.

Interest Rate Information
Your interest rate and annual percentage yield may change. Please refer to the California First National Bank "Current Rates and Yields" for the current interest rates and annual percentage yields. You also may call us at (800) 735-2465 for current rate information.

Determination of Rate
We may change the interest rate on your account at our discretion.

Frequency of Rate Changes
We may change the interest rate on your account at any time without notice.

Limitations on Rate Change
There are no maximum or minimum interest rate limits for this account.

Compounding and Crediting Frequency
Interest does not compound on this account. Interest is credited to your account monthly. If you close your account before interest is credited, you will not receive interest.

Minimum Balance Requirements

You must deposit $1,000.00 to open this account. A service charge of $10.00 will be imposed each statement cycle in which the daily balance falls below $1,000.00. If your combined balances in all your CalFirst accounts equal $5,000.00 or more on every day during the statement cycle, no service charge will be imposed.

Balance Computation Method
The daily balance method is used to calculate the interest on your account. Interest is calculated for each day by multiplying the balance of the principal in the account each day times the daily periodic rate based on the interest rate in effect at that time.

Accrual of Interest on Non-Cash Deposits

Interest begins to accrue on the business day that we receive your deposit of non-cash items (for example, checks).

Transaction Limitations
You are limited to six transfers or withdrawals (including Online Banking and Telephone Banking transfers or other pre-authorized, automatic, or telephonic transfers or withdrawals) each statement cycle. Withdrawals or transfers in excess of these limits are subject to a fee of $5.00 per transaction. As authorized by Federal Law, we reserve the right at any time to require not less than 7-days notice in writing before each withdrawal from this account.

Fees
See Common Features section, below.

Statements
Statements for this account will be mailed to you quarterly. You may also view your account activity online.

Additional Information
Free Online and telephone account access.



Certificate of Deposit Important Disclosures
Each quoted Annual Percentage Yield (APY) applies only to the corresponding term (for example, 3-month) also quoted with the APY. There is a penalty for early withdrawals. Fees may reduce earnings. A minimum deposit of $5,000.00 is required to open a Certificate of Deposit. A minimum deposit of $2,000.00 is required to open an Individual Retirement Account (IRA) Certificate of Deposit.

Certificate of Deposit - Truth In Savings Disclosure
This Truth-in-Savings Disclosure ("Disclosure") contains information about the Certificate of Deposit Account. This Disclosure is a part of and incorporated into the California First National Bank Deposit Account Terms & Conditions Agreement (the "Agreement") and, along with the Agreement, establishes the terms and conditions of the Certificate of Deposit Account.

Interest Rate Information
The interest rate for this Certificate of Deposit (CD) is fixed and will be paid from the date of the deposit until the maturity date of the CD. Please refer to the California First National Bank "Current Rates and Yields" for the current interest rates and annual percentage yields corresponding to terms of Certificate of Deposit from 3 months to 3 years. You also may call us at (800) 735-2465 for current rate information.

Compounding and Crediting Frequency

Interest does not compound on this account. Interest is credited to your account monthly. You may elect to have your interest credited to your CD balance, or: (a) mailed directly to you in the form of a check on a monthly basis; (b) credited to another CalFirst Account; or (c) sent via electronic funds transfer to another financial institution.

Minimum Balance Requirements
You must deposit $5,000.00 to open this account. You must deposit $2,000.00 to open an IRA CD.

Balance Computation Method
The daily balance method is used to calculate the interest on your account. Interest is calculated for each day by multiplying the balance of the principal in the account that day times the daily periodic rate based on the interest rate in effect at that time.

Accrual of Interest on Non-Cash Deposits
Interest begins to accrue on the business day that we receive your deposit of non-cash items (for example, checks).

Early Withdrawal Penalties
We will impose an early withdrawal penalty on withdrawals made before the maturity date of the CD. For a CD with an original term of one year or less, the penalty will be equal to the amount of interest that would have been earned for a 90-day period on the principal balance of the account if funds had not been withdrawn prior to the maturity date. For a CD with an original term greater than one year, the penalty will be equal to the amount of interest that would have been earned for a 180-day period on the principal balance of the account if funds had not been withdrawn prior to the maturity date. Early withdrawal penalties may be waived in the event of death or legal incompetence of any of the Account Holders, as shown on the Bank's records.

Withdrawal of Interest Prior to Maturity
In order to earn the annual percentage yield, interest must remain in the account until the stated maturity date. The disclosed annual percentage yield assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings.

IRA CD Provisions
Additionally, Individual Retirement Accounts are subject to limitations and/or penalties imposed by the Internal Revenue Service. Please see your IRA agreement or your tax advisor for additional information.

Renewal Policies
Your account will automatically renew at maturity for an additional term equal to the original term, with unlimited renewals. You will have a grace period of 10 calendar days from the maturity date to withdraw the funds in the account without being charged an early withdrawal penalty. The interest rate and annual percentage yield for any renewal term will be the rate we are offering at the time of renewal for a new CD of the same term.

Transaction Limitations
You may not make any deposits into your account before maturity. You may make withdrawals of principal from your account before maturity only if we agree at the time you request the withdrawal. Principal withdrawn before maturity is included in the amount subject to early withdrawal penalty. You can only withdraw interest credited in the term before maturity of that term without penalty. You can withdraw interest any time during the term of crediting after it is credited to your account. As authorized by Federal law, we reserve the right at any time to require not less than 7-days notice in writing before each withdrawal from this account.

Fees
See Common Features section, below.

Statements
Statements will not be issued on this account.



Common Features
The following fees may be assessed against your account and the following transaction limitations, if any, apply to your account:


Account reconciliation (per hour) $25.00
Account research (per hour) $25.00
ACH transaction fee $0.00
Bill Payments $0.00 with Regular Checking or Interest Checking Account
Cashier’s Check (per check) $5.00
Check copy $5.00 if over 90 days old
Check printing First order at no charge; Re-orders vary by style
Copy of statement $5.00 if over 90 days old
Direct Deposit $ 0.00
Electronic Funds Transfers $ 0.00
Items sent for collection $15.00
Legal Process (levies, subpoenas, etc.) $50.00
Money Market Account electronic transfers/withdrawals in excess of six per statement cycle $10.00
Non-sufficient funds (NSF) item $20.00
Overnight delivery $20.00
Returned deposited Item $15.00
Savings Account electronic transfers/withdrawals in excess of six per statement cycle $ 5.00
Stop Payment Request $15.00
Uncollected funds item $20.00
Wire transfer, incoming $ 0.00
Wire transfer, international $50.00
Wire transfer, outgoing $15.00





Funds Availability Policy

 

This policy statement applies to "transaction" accounts. Transaction accounts, in general, are accounts that permit an unlimited number of payments to third persons and an unlimited number of telephone and preauthorized transfers to other accounts of yours with us. Checking accounts are the most common transaction accounts. Feel free to ask us whether any of your other accounts might also be affected by this policy. Our policy is to make funds from your check deposits available to you on the first business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written. Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks that you deposit that are returned to us unpaid and for any other problems involving your deposit. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If we receive a deposit before 2:00 p.m. (local Pacific time) on a business day that we are open, we will consider that day to be the day of your deposit. However, if we receive a deposit after 2:00 p.m. (local Pacific time) or on a day we are not open, we will consider that the deposit was made on the next business day that we are open. If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.

LONGER DELAYS MAY APPLY


Case-by-case delays
In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day we receive your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth business day after the day we receive your deposit. The first $100 of your deposits, however, may be available on the first business day. If we are not going to make all of the funds from your deposit available on the first business day, we will notify you when we receive your deposit. We will also tell you when the funds will be available. We will mail you the notice by the day after we receive your deposit. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

Safeguard exceptions
In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:

  1. We believe a check you deposit will not be paid.
  2. You deposit checks totaling more than $5,000 on any one day.
  3. You redeposit a check that has been returned unpaid.
  4. You have overdrawn your account repeatedly in the last six months.
  5. There is an emergency, such as failure of computer or communications equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day we receive your deposit.

Checking Endorsement Standards for Consumer Accounts. Your compliance with our endorsement standards is necessary to help assure that the checks you deposit will be cleared on a timely basis. Our endorsement standards are:

  • Customer endorsements must be placed in the 1 inch area starting at the left side of the check.
  • The remaining area of the check cannot contain any preprinted, stamped or handwritten customer information.

SPECIAL RULES FOR NEW ACCOUNTS
If you are a new customer, the following special rules will apply during the first 30 days your account is open.

  1. Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
  2. Funds from wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks will be available on the first business day after the day we receive your deposit if the deposit meets certain conditions. For example, the checks must be payable to you. The excess over $5,000 will be available on the ninth business day after the day we receive your deposit. Funds from all other check deposits will be available on the seventh business day after the day we receive your deposit.

 

Electronic Funds Transfer Disclosure

 

This Electronic Funds Transfer disclosure does not apply to any accounts other than consumer accounts, as defined by Regulation E.
Indicated below are types of Electronic Funds Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

Preauthorized credits

You may make arrangements for certain direct deposits to be accepted into your checking or savings account(s).

Preauthorized payments
You may make arrangements to pay certain recurring bills from your checking or savings account(s).

Electronic check conversion - types of transfers
Your check can result in an electronic funds transfer. This can happen in several ways. For example:

  1. You can purchase goods or pay for services and authorize a merchant or service provider to convert your check into an electronic funds transfer.
  2. At the time you offer a check to a merchant or service provider, you may be asked to authorize the merchant or service provider to electronically collect a charge in the event the check is returned for insufficient funds. Paying such a fee electronically is an electronic funds transfer.
    - Your authorization to make these types of electronic funds transfers may be expressed in writing or implied through the posting of a sign.

Telephone Banking Transfers - types of transfers
You may access your account by telephone at (800) 735-2465 using your personal identification number and account numbers, to:

  1. transfer funds from checking to checking;
  2. transfer funds from checking to savings;
  3. transfer funds from savings to checking;
  4. transfer funds from savings to savings;
  5. get information about the account balance of checking and/or savings accounts.

ATM Transfers - types of transfers and dollar limitations
You may access your account(s) by ATM using your ATM card and personal identification number to:

  1. get cash withdrawals from checking account(s), limited to $300.00 per day;
  2. get cash withdrawals from savings account(s), limited to $300.00 per day;
  3. transfer funds from savings to checking account(s);
  4. transfer funds from checking to savings account(s);
  5. get information about the account balance of your checking and/or savings accounts

Some of these services may not be available at all terminals.

ATM Card – terms of use
By retaining or using your ATM card (referred to collectively as your "Card"), or by using the ATM services, or by designating an authorized user of your Card, you agree:

  1. Your Card remains the property of the Bank and will be surrendered immediately to us upon request.
  2. To abide by our rules and regulations relating to the use of your Card and the performance of any Electronic Funds Transfer ("EFT") services.
  3. To notify us promptly in writing of the loss or destruction of your Card.
  4. To be responsible for all authorized uses of your Card whether used at a full service automated teller machine ("ATM"), an electronic cash dispensing machine, a point-of-sale terminal, a home computer or through other means.
  5. To be responsible for unauthorized use of your Card as disclosed in the section below entitled "Consumer Liability".
  6. If you use your Card to access an Account that is no longer available or lacks sufficient funds to complete the transaction, we may, at our sole discretion, charge or credit the transaction to another Account.
  7. We may cancel your Card at any time without notice.
  8. We have the right to refuse a transaction on your Account when your Card has been reported lost or stolen or when we reasonably believe there is unusual activity on your Account.
  9. Neither you nor your authorized user may use a Card for a transaction that would exceed your Account balance plus the available credit on any overdraft line of credit attached to your Account.
  10. To not reveal your personal identification number ("PIN") to any person not authorized by you to use your Card and to not write your PIN number on your card or on any item kept with your Card.
  11. To ensure compliance by your authorized user of all terms and conditions governing the use of EFT services.

Internet Banking Computer Transfers - types of transfers

You may access your account(s) by computer using your personal identification number and account numbers, to:

  1. transfer funds from checking to checking;
  2. transfer funds from checking to savings;
  3. transfer funds from savings to checking;
  4. transfer funds from savings to savings;
  5. make payments from checking to third parties;
  6. get information about the account balance of checking and/or savings accounts.

Point-of-Sale Transactions - types of transactions and dollar limitations.
You may access your account(s) to purchase goods (in person), pay for services (in person) and get cash from a merchant, if the merchant permits, or from a participating financial institution. These transactions are limited to a maximum of $300.00 per day.

FEES

  • NOTICE REGARDING ATM FEES BY OTHERS
  • If you use an automated teller machine that is not operated by us, you may be charged a fee by the operator of the machine and/or by an automated transfer network. We do not charge a fee for direct deposits to any type of account. We do not charge a fee for preauthorized payments from any type of account. Except as indicated elsewhere, we do not charge for these electronic fund transfers.

DOCUMENTATION

  • Terminal Transfers
    You can get a receipt at the time you make any transfer to or from your account using an automated teller machine or point-of-sale terminal.
  • Preauthorized credits
    If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (800) 735-2465 to find out whether or not the deposit has been made.
  • Periodic statements
    You will get a monthly account statement from us for your checking accounts. You will get a monthly account statement from us for your savings accounts, unless there are no transfers in a particular month. In any case, you will get a statement at least quarterly.

PREAUTHORIZED PAYMENTS

  • Right to stop payment and procedure for doing so
    If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Call or write us at the telephone number or address listed in this brochure in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you $15.00 for each stop-payment request.
  • Notice of varying amounts
    If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
  • Liability for failure to stop payment of preauthorized transfer
    If you request us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

FINANCIAL INSTITUTION'S LIABILITY

Liability for failure to make transfers
If we do not complete a transfer to or from your account on time or in the correct amount according to this agreement with you, we will be liable for your losses or damages. However, there are some exceptions, including, but not limited to, the following:

  1. if, through no fault of ours, you do not have enough money in your Account to make the transfer;
  2. if the transfer would go over the credit limit on your overdraft line;
  3. if the funds in your Account were attached or the transfer cannot be made because of legal restrictions affecting your Account;
  4. if the systems were not working properly and you knew about the breakdown when you started the transfer;
  5. if circumstances beyond our control such as interruption of telephone service or telecommunication facilities, or natural disaster (such as a fire or flood) prevent the transfer, despite reasonable precautions that we have taken;
  6. if you have not provided us with complete and correct payment information, including without limitation the name, address, account number and payment amount for the pay on a bill payment;
  7. if you have not properly followed the instructions for using our Agreement with you;
  8. if your operating system or software was not properly installed or functioning properly; or
  9. there may be other exceptions stated in our Agreement with you.

Our sole responsibility for an error in a transfer will be to correct the error, but in no case will we be liable for any indirect, special, incidental or consequential damages. In states which do not allow the exclusion or limitation of liability for indirect, special, incidental or consequential damages, our liability is limited to the extent permitted by applicable law.

CONFIDENTIALITY

We will disclose information to third parties about your account or the transfers you make only as follows:

  1. where it is necessary for completing transfers; or
  2. in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
  3. in order to comply with government agency or court orders; or
  4. if you give us written permission.

UNAUTHORIZED TRANSFERS

Consumer liability

Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days, you can lose no more than $50 if someone used your card and/or code without your permission. (If you believe your card and/or code has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your card and/or code without your permission.) If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500. Also, if your statement 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 will extend the time periods.

Contact us immediately in the event of unauthorized transfer

If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call or write us at the telephone number or address listed in this Disclosure.

Error Resolution Notice
In case of errors or questions about your electronic transfers call or write us at the telephone number or address listed in this brochure, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. 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 (if any).
  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 determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established account with us before this account is opened. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Ownership of Website

The content, information and offers on, and design of, our Website is the property of, and may be copyrighted by, California First National Bank. The unauthorized use, reproduction, linking or distribution of any portions of the foregoing is strictly prohibited.

Geographic Restrictions
The services and products described in this Agreement, and any application for credit and deposit services available at our Website are solely offered to citizens and residents of the United States, residing in the United States. Citizens and residents may not be able to access our online services outside the United States.


California First National Bank http://www.calfirst.com
18201 Von Karman Avenue, Suite 420
Irvine, CA 92612
Business Days: Monday through Friday, Excluding Federal Holidays
Telephone: (800) 735-2465
Online Banking Agreement

 

This Online Banking Agreement ("Agreement") establishes how your accounts at California First National Bank ("we," "us" and "our") may be used. Each person signing below or using the services ("you" and "your") agrees to these terms and conditions. By using any of our services or products, you also agree to the terms and conditions of the related agreements and disclosures including, without limitation, the Deposit Account Terms and Conditions Agreement, Electronic Funds Transfer Disclosure, Funds Availability Policy and Truth in Savings Disclosure (the "other agreements"). You agree to use the services solely as provided by this Agreement and the other agreements.

  1. When you log on to our Website to access your accounts, you will be asked for your User ID and your Personal Identification Number (PIN). Your initial PIN will be a default PIN and you will be prompted to change it the first time you log on. In addition, you will need to have a browser with domestic grade encryption capabilities. The encryption procedures and the combination of User ID and PIN are the security procedures that we will use to authenticate messages or instructions we receive. You will be responsible for messages and instructions that are actually sent by you, whether we follow these security procedures or not. In addition, for non-consumer transactions you will be responsible for messages or instructions that are authenticated using these security procedures, even if you did not send them or authorize someone else to send them. You agree never to provide your PIN or User ID to anyone. You are liable for all transactions made or authorized using your PIN or User ID. We have no responsibility for establishing the identity of any person or determining the validity of any transaction. You agree that if you give your PIN or User ID to anyone, or fail to safeguard its secrecy, you do so at your own risk since anyone with your PIN and User ID will have access to your account. You agree to notify us immediately if your PIN or User ID is lost, stolen or otherwise compromised.

  2. Electronic messages from you to us, or from us to you, will be treated as written (paper) documents for any purpose where a written document is needed. However, we can require written confirmation of messages or instructions if we choose, and may delay executing transactions until we receive confirmation acceptable to us. We might do this, for example, if we think it will help protect you or us from fraud or a loss, but we can do so in other circumstances.

  3. We expressly reserve the right at our discretion to terminate any and all online services as to any particular customer based on a violation of the terms of this Agreement or any of the other agreements, or otherwise. You acknowledge and agree that any online services may be down and inaccessible to you for certain periods of time for maintenance or emergency purposes. We will try to notify you in advance, but we are not obligated to do so.

  4. You grant us a security interest in all deposit accounts of yours at our Bank to secure all your obligations to us under this Agreement or under any other agreement between you and us.

  5. Each of you is jointly and severally liable for all obligations to us under this Agreement or any other agreements incorporated into this Agreement. For joint accounts, each of you can be required to have a separate PIN, but will still be obligated for transactions (including overdrafts) by the other joint account holder or authenticated under the security procedures. Any of you may close the accounts or terminate services, whether alone or together.

  6. We will provide to you the other agreements that will apply to your accounts and the services and products you select. Links to all of these other agreements are at our home page, and you may access these at any time, either electronically and/or by downloading and printing them out. Specifically, you agree that we may, as permitted by law, provide all applicable disclosures to you electronically. You are responsible for downloading or printing the disclosures or providing us with a non-electronic address to which these disclosures may be mailed. You agree to the terms and conditions of all of these other agreements, as they may be amended by us from time to time, and they are incorporated into this Agreement. If specific terms in the other agreements conflict with this Agreement, then the terms of the other agreements control. |

  7. Any information you receive from us is believed to be reliable. However, it can only be provided on a best-efforts basis for your convenience and is not guaranteed. We are not liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any investment or other decision made using this information. In the absence of negligence on our part, we are not responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of these services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states our liability is limited to the extent permitted by law. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES CONCERNING ANY OF THE SERVICES, OR ANY SOFTWARE OR BROWSER RELATING THERETO, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS UNLESS DISCLAIMING SUCH WARRANTIES IS PROHIBITED BY LAW. You agree to indemnify and hold us harmless for any taxes, losses, penalties or other costs or liabilities (including attorney's fees, costs and arbitration expenses) arising from or relating to your action or inaction in connection with the online banking services.

  8. YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE FROM OR RELATING IN ANY WAY TO ANY PAST, PRESENT OR FUTURE TRANSACTIONS, AGREEMENTS OR RELATIONSHIPS OF THE PARTIES, INCLUDING THIS AGREEMENT OR ANY OF THE OTHER AGREEMENTS DESCRIBED ABOVE, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF, AND ANY CLAIMS REGARDING THE APPLICABILITY OF THIS PROVISION OR THE VALIDITY OF THE AGREEMENT) (“CLAIM”), SHALL BE RESOLVED BY BINDING ARBITRATION.   ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY, AND THAT YOU WILL NOT BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.

    This binding arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.  The party filing a Claim(s) in arbitration must file its Claim(s) before the American Arbitration Association under the rules of such arbitration administrator in effect at the time the Claim(s) was filed. Rules and forms may be obtained from American Arbitration Association, 800-778-7879, www.adr.org.  Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitrator administrator within the federal district in which you reside at the time the Claim(s) is filed, or at some other place to which you and we agree in writing.  Judgment upon any arbitration award may be entered in any court having jurisdiction.  Any arbitrator(s) chosen to preside over the dispute must be members of the California State Bar either actively engaged in the practice of law or retired members of the California State or federal judiciary, and must have relevant expertise.

    If any claim or controversy is not submitted to arbitration as provided above, but becomes the subject of a judicial action for any reason, any party at any point in the judicial proceeding may elect to have any specific questions of fact or law, or all questions of fact or law determined by a reference before a single referee in accordance with California Code of Civil Procedure Section 638 et seq. (and any later amendments thereto) and under the auspices of the AAA.

    These arbitration and judicial reference provisions: (i) shall survive any termination, amendment or expiration of this Agreement and any of the other agreements, unless otherwise expressly agreed in writing and signed by both parties; (ii) shall apply despite the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (iii) shall apply to any and all Claims that you have against us, our parent, affiliates, licensees, predecessors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you.  If any portion of this provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. 

This Agreement and all of the agreements shall be governed by California law (excluding conflicts of law principles). This Agreement and the other agreements may be amended by us from time to time. We may provide you an electronic notice of the amendment either by e-mail to you, or by posting such amendments on our Website. Your use of any of our online services after such notice of the amendment shall be deemed your acceptance of the amended terms.


 


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Online Bill Payment Services Agreement

 

BY USING THE ONLINE BILL PAYING SERVICES PROVIDED BY CALIFORNIA FIRST NATIONAL BANK ("CALFIRST"), YOU ACCEPT THIS AGREEMENT AS VALID AND BINDING, AND YOU ACKNOWLEDGE AND AGREE THAT THE TERMS IN THIS AGREEMENT WILL APPLY TO AND GOVERN YOUR USE OF THE ONLINE BILL PAYING SERVICES. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT.

  • What This Agreement Covers
    This Agreement covers your use of CalFirst's Online Bill Paying Services. CalFirst's Online Bill Paying Services are defined as any electronic service provided by CalFirst that allows you to direct CalFirst to make payments from your CalFirst checking accounts to third parties whom you have selected in advance through the use of a personal computer (the "Service"). Access for the Service will be provided through the Internet. You are responsible for providing your own access to the Internet through the Internet service provider of your choice.
  • Bank Documents
    The terms and conditions of this Agreement are in addition to, and shall supplement the terms, conditions, rules, regulations and disclosures that apply to any of your existing CalFirst accounts or services which you currently use, including, without limitation, our Online Banking Agreement.
  • CalFirst Online Bill Payment
    You may direct CalFirst to make payments from your CalFirst checking accounts to third parties ("payees") that you have selected to receive payment. You may make payments through the Service to any business, merchant, or professional that generates a bill or invoice for products or services provided to you on your behalf ("Business Payee") or to any individuals, family, or friends for non-business purposes ("Individual Payees"). Although you will not be asked to designate your payees as "Business" or "Individual" when you enter them on the Service, we reserve the right, in our sole discretion, to determine at any time into which category a payee falls. Payments may be made only to payees with a U.S. payment address. You may not make a payment of alimony, child support, taxes, or other governmental fees or court-directed payments through the service. CalFirst reserves the right to refuse to pay any payee whom you may designate for a payment. CalFirst is obligated to notify you promptly if it decides to refuse to make such payment, unless you attempt to make a prohibited payment under this Agreement.
  • Delivery of Your Payments
    You may schedule payments to be made on the day that you enter the payment information, on a future date or on the same date each month, subject to the restrictions in this Agreement. Although you can enter payment information through the Service 24 hours a day, 7 days a week, payments can be made only on business days. After your payment is made and the funds are withdrawn from your account, we may remit your payment by mailing your payee a check, by electronic funds transfer or by other means. Because of the time it takes to transmit your payment to the payee, they will not receive payment on the date you enter the payment information. Therefore, in order to provide sufficient time for payments to be received by your payee, you should input the payment at least 10 business days before the bill's actual due date. We will not be responsible for any loss you may incur as a consequence of late payment if you fail to properly enter the payment information at least 10 business days prior to the bill's actual due date.
  • You may not schedule Duplicate Payments
    A Duplicate Payment is one that is scheduled to be made to the same payee on the same day for the same amount. A duplicate payment is different from a Recurring Payment, which is scheduled for the same day of different months.
  • Security
    In order to maintain secure communications and reduce fraud, you agree to protect the security of your access codes, personal identification numbers or other means of identification. CalFirst reserves the right to block access to the Service to maintain or restore security to CalFirst systems if CalFirst reasonably believes your access codes have been or may be obtained or are being used or may be used by an unauthorized person(s). You are liable and responsible for all Online Banking Services (including Bill Paying Services) transactions made using your means of identification, whether those transactions are made by you or any person you authorize, permit or enable to have your means of identification (even if the person exceeds your authority) or by any person who obtains through you, by whatever means, your means of identification. If you have given someone your means of identification and wish to terminate their authority, or if you know or believe that your means of identification otherwise is compromised, you must notify CalFirst so that CalFirst can take the necessary steps to change the means of identification. You agree to defend, hold harmless and indemnify CalFirst from and against any and all claims, liabilities, losses and expenses of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your CalFirst accounts via the Online Banking Services.
  • Canceling the Service
    This Agreement will remain in effect until it is terminated by you or CalFirst. You may cancel this Agreement by notifying CalFirst by mail to 18201 Von Karman Avenue, Suite 420, Irvine, CA 92612. CalFirst may continue to assess any monthly service charge or other fees until we receive notice of your cancellation of Service, and CalFirst may charge your account(s) for all Service–related charges and fees pursuant to this Agreement. CalFirst may cancel this Agreement and terminate your use of the Service for any reason, at any time. CalFirst will use commercially reasonable measures to notify you in advance of any such termination, but CalFirst is not obligated to do so. Cancellation shall not affect your liability or obligations under this Agreement.
  • Business Days/Hours of Operation
    Business days are Monday through Friday, except holidays on which CalFirst Bank is closed. CalFirst's Bill Paying Services are available 24 hours a day, 7 days a week except during maintenance periods.
  • Limited Liability
    If CalFirst does not complete a transfer or payment to or from an eligible account on time or in the correct amount according to this Agreement, CalFirst will be liable for those damages as the law imposes in such cases. However, there are some exceptions. CalFirst will not be liable, for example, if:
    1. Through no fault of CalFirst, your account does not contain sufficient funds to make the transfer or payment and the transfer or payment would exceed any credit line or any overdraft for such account.
    2. CalFirst's Online Banking Service, your operating system or software was not functioning properly at the time you attempted to initiate such transfer or payment and it was evident to you at the time you began the transfer or payment.
    3. Failure to complete is due to circumstances beyond CalFirst's control, such as fires, floods, acts of God, power outages and the like.
    4. The payee mishandles or delays processing or posting a payment sent by CalFirst.
    5. You failed to provide the correct payee names or account information.
    6. You have not provided CalFirst with complete and correct payment information, including without limitation the name, address, account number and payment amount for the payee on a payment.


The above list of examples is meant to illustrate circumstances under which CalFirst would not be liable for failing to make a transfer or payment and is not intended to list all of the circumstances where CalFirst would not be liable.

Except as otherwise provided in this Agreement, CalFirst Bank is not responsible for any loss, injury or damages, whether direct, indirect, special or consequential, caused by the Service or the use thereof or arising in any way out of the installation, use or maintenance of your personal computer hardware or any software.

  • Warranties Disclaimer
    CalFirst makes no express or implied warranties concerning the services, including but not limited to, any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless, and then only to the extent, disclaiming such warranties is prohibited by law.
  • Severability
    In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions shall remain valid and enforceable.
  • Governing Law
    The terms and conditions of this Agreement, and any issue relating to an account or service with CalFirst that you access through the Service, shall be governed by and construed in accordance with the laws of the State of California.
  • Binding Arbitration
    All disputes, actions, controversies or claims arising from or relating to this Agreement shall be subject to binding arbitration as provided by the terms of Section 8 of our Online Banking Agreement.
  • Assignment
    CalFirst may assign its rights and delegate its duties under this Agreement to a company affiliated with CalFirst or to any other party. You may not assign any of your rights or duties under this Agreement at any time.
  • Amendments
    CalFirst may amend this Agreement (including fees and charges) at any time. CalFirst may provide you an electronic notice of these amendments either by e-mail to you or by posting such amendments on the CalFirst Website. Your use of the Service after such notice of the amendment shall be deemed your acceptance of the amended terms (including fees and charges).
  • Entire Agreement
    This Agreement is the entire agreement between you and CalFirst regarding your use of the Service, and it supersedes any prior discussions and agreements between you and CalFirst regarding the Service, and supersedes any marketing or other similar material pertaining to the Service delivered to you in writing, verbally or obtained at any CalFirst site or the site of any internet service provider.
  • Interruptions in Services
    CalFirst may on a regular basis perform maintenance on CalFirst equipment or systems, which may result in interruption of the Service. CalFirst will attempt to notify you in advance of such possible interruption of Service, but CalFirst is not obligated to do so. CalFirst will not incur any liability to you as a result of any such interruptions.


 


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