User Agreement for Access to External Accounts
This user agreement ("User Agreement") is the agreement between you, the registered user of Community Bank Online, and Community Bank. Community Bank is operated under a contract with the Defense Finance Accounting Service by Bank of America, N.A. Community Bank operated by Bank of America is referred to as "we", "us" or "the Bank" within this User Agreement. This User Agreement governs your access to external accounts through Community Bank Online (the "Service"). It is important that you review this User Agreement carefully so you will understand both the benefits and limitations of the Service.
I. Acceptance of User Agreement; Transfer of Personal Data
- When you click on the "I Agree" button below, you agree to the User Agreement. If you do not agree, click on the "I Do Not Agree" button below, and you will not be registered to use the Service.
- We may amend this User Agreement from time to time. We will send you a notice of any amendment to the e-mail address you provided when you enrolled in the Service or post the amendment on the Community Bank Online welcome page. You can review the most current version of the User Agreement at any time by clicking on the "View External Account User Agreement" link on the Preferences page of Community Bank Online. At this time, the Service is offered to you free of a monthly service charge or any transaction fees. We will notify you as described in this paragraph if we impose any fees in the future. You are solely responsible for all costs relating to your use of external accounts.
- You may use the Service to access services offered by Community Bank operated by Bank of America, its affiliates, or third parties not affiliated with Community Bank operated by Bank of America. You agree that when you use these services, you will be subject to any terms and conditions established by those service providers, including Community Bank operated by Bank of America, its affiliates or unaffiliated service providers, and that this User Agreement does not amend any of those terms and conditions. You agree that only the service provider is responsible for such services, and if you have any problems with these service providers, you should contact them directly. Any service offered by Community Bank operated by Bank of America or any of its affiliates will display the name of the Bank or the affiliate and the Community Bank operated by Bank of America logo on the web page.
- You agree that the Bank, its agents or associates, may process any personal data held in connection with the Community Bank Online Service and may transfer such personal data outside your host country and, if applicable, the European Economic Area as is reasonably necessary in order to provide such service.
II. Description of the Service.
The Service is a personal information management service that allows you to better manage your information by consolidating it in one place. The Service uses proprietary technology to allow you to retrieve, view and maintain information you have available at various web sites you designate, all within one convenient service.
When you use the Service to access a third party web site you designate, you agree to the following:
- You authorize Community Bank operated by Bank of America and its service providers to access the third party web sites and accounts you designate to retrieve account information on your behalf, and you appoint us as your agent for this limited purpose. In addition, you hereby grant Community Bank operated by Bank of America and its service providers a limited power of attorney, and you hereby appoint Community Bank operated by Bank of America and its service providers as your true and lawful attorney-in-fact, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party web sites, retrieve account information, and use your information, for the purpose of accessing your accounts and operating the Service, with full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
- You represent that you are a legal owner of the accounts at third party web sites which you include in Community Bank Online and that you have the authority to (i) designate us as your agent, (ii) use the Service and (iii) use the passwords, Usernames and all other information you provide.
- YOU AGREE AND ACKNOWLEDGE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THE THIRD PARTY WEB SITE, WE ACT AS YOUR AGENTS, AND NOT THE AGENTS OF, OR ON BEHALF OF, THE THIRD PARTY.
- The Service does not have the capability to initiate transactions affecting your financial accounts or provide notices or instructions affecting such financial accounts. You are responsible for all fees charged by the third party in connection with such transactions and accounts, and you agree to comply with the terms and conditions of those accounts. If you have a dispute or question about any transaction on such site, you agree to direct these to the account provider.
- Third party account providers shall be entitled to rely on the above authorizations, agency and power of attorney granted by you.
- The Service is not sponsored or endorsed by any providers of the third party accounts you access through the Service, except for affiliates of Community Bank operated by Bank of America.
- Balances shown on the Service reflect the most recent refresh and may not be accurate if a refresh was not successfully completed or the information obtained during the refresh from the third party is otherwise not accurate or current. Data and information are provided for informational purposes only, and are not intended for trading or transactional purposes. You agree that we are not liable for any errors or delays in the content, or for any actions taken in reliance thereon. We do not endorse or recommend the services of any institution. The institution you select is solely responsible for its services to you. We are not liable for any damages or costs of any type arising out of or in any way connected with your use of the services of the institution.
You may also add information into the Service for accounts not available at other web sites or which are not linked to the Service. In such case, you are solely responsible for the accuracy of such information.
III. YOUR OBLIGATIONS.
You agree to comply with the following requirements when you use the Service. If you violate any of these requirements, we may terminate your account with the Service.
- Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of operating the Service. You agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
- Protect Your Passcode. You agree to maintain the confidentiality of your Passcode. You are fully responsible for activities that occur using your Passcode. You agree to notify us immediately of any unauthorized use of your Passcode or any other breach of security with respect to the Service. We recommend that you call us at 800-239-9247. We are not liable for any loss that you may incur as a result of someone else using your Passcode, either with or without your knowledge. If you permit another person to use the Service or give him or her your Passcode, you are responsible for all actions of that person, including transfers or advances that person makes from any account accessed through the Service or any other service, even if that person exceeds your authorization.
- Proprietary Rights. You are permitted to use content delivered to you through the Service only on the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
- User Conduct. You agree not to use the Service or the content or information delivered through the Service in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (b) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Service to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for Community Bank operated by Bank of America or its affiliates or cause us to lose (in whole or in part) the services of our third-party provider; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as being obscene or pornographic or contain child pornography, or racially, ethnically, or otherwise objectionable; (h) interfere with or disrupt computer networks connected to the Service; (i) interfere with or disrupt the use of the Service by any other user; (j) access the information and content manually by request and not programmatically by macro or other automated means; or (k) use the Service in such a manner as to gain unauthorized entry or access to the computer systems of others.
- Restriction on Commercial Use or Resale. You agree not to resell or make any commercial use of the services in the Service.
- Indemnification. Unless caused by our intentional misconduct or gross negligence, you agree to protect and fully compensate Community Bank operated by Bank of America and our service providers and affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of this User Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
IV. DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY.
- DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMMUNITY BANK OPERATED BY BANK OF AMERICA AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH THE SERVICE IS NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. COMMUNITY BANK OPERATED BY BANK OF AMERICA AND ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMUNITY BANK OPERATED BY BANK OF AMERICA OR ITS AFFILIATES OR SERVICE PROVIDERS THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Because some jurisdictions do not allow the exclusion of certain warranties, the above limitations may not apply to you.
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LIMITATION OF LIABILITY. YOU AGREE THAT COMMUNITY BANK AND ITS AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMMUNITY BANK OR ITS AFFILIATES OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING THE INFORMATION OR CONTENT CONTAINED THEREIN; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above limitations may not apply to you.
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LIMITATION OF LIABILITY. YOU AGREE THAT COMMUNITY BANK AND ITS AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMMUNITY BANK OR ITS AFFILIATES OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING THE INFORMATION OR CONTENT CONTAINED THEREIN; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above limitations may not apply to you.
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Service Limitations. We want to make your use of the Service easy and productive, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other Service interruptions. We do not assume responsibility for the timeliness, deletion, mis-delivery or failure to store any user data, communications or personalization settings.
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Third Party Products. You agree to exercise caution when browsing on the Internet and to use good judgment and discretion when obtaining or transmitting information or making purchases. From the Service you may access or be directed to sites containing information or material that may be offensive or inappropriate to some people. We do not endorse and make no effort to review the content of these sites, nor are we responsible for their validity, legality, copyright compliance, or decency of the content contained in these sites. We retain the right (not the obligation) at our sole discretion to prevent access to any site from the Service.
V. ADDITIONAL PROVISIONS.
- Privacy. Because we value your privacy, we will not sell or otherwise share any customer information with marketers outside the Community Bank operated by Bank of America family offering their products and services. You may obtain a copy of the complete Community Bank Privacy Policy by clicking here.
- Changes or Cancellation. You may cancel your participation in the Service by deleting specific account information or by calling us at 800-239-9247. We reserve the right to change or cancel the Service at any time without notice. We may also suspend your access to the Service at anytime without notice and for any reason, including but not limited to your non-use of the Service. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Service.
- Miscellaneous. This User Agreement cannot be changed nor any of our rights waived unless we agree in writing or you continue using the Service following notice to you of any changes proposed by us. We may provide notice to you either through e-mail at the address you provided to us or by posting on Community Bank Online. This User Agreement is personal to you, and you may not assign it to anyone. All notices to us must be made in writing at our address:
Community Bank / Bank of America
Attn: Customer Service Center
300 Convent Street, Suite 400
San Antonio, TX 78205-3701
If any provision of this User Agreement is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The laws of the State of Texas shall apply to this agreement without giving effect to its conflicts of laws provisions or your actual state or country of residence. This User Agreement constitutes the entire understanding between you and us about the Service.
