ONLINE BANKING SERVICE AGREEMENT

June 15, 2013

 

NEW USERS or FIRST TIME LOGIN

 

·         Please read the following Online Banking Service Agreement carefully.

 

·         The terms of this Agreement apply to all joint accountholders. Each signer on the account will need to have his/her own unique Access ID and password. Accounts requiring two (2) or more signatures are not eligible for this Online Banking Service.

 

If you have questions about this Agreement, contact the Customer Relationship Personnel or Operations Officer at your branch of account before entering into this Agreement. Click here for branch phone numbers and location addresses.

 

·         After finish reading the Online Banking Service Agreement, click the “I Accept” button if you agree to be bound by this Online Banking Service Agreement and wish to continue with your enrollment and Online Banking activation.

·         Complete the enrollment process as instructed on the screen.

 

·         If you are enrolling in a branch office, the branch office personnel will provide you with a paper copy of this Online Banking Service Agreement.

 

 

NEW OMNI BANK, N.A. ONLINE BANKING SERVICE AGREEMENT

 

Introduction

 

This Online Banking Service Agreement (the “Agreement”) sets forth the rights and responsibilities of each person (“you” or “your”) who has enrolled in the Online Banking Service (“Online Banking”, “service”, or “services”) offered by New Omni Bank, N.A. (“Omni”, “Bank”, “we”, “us”, or “our”) with respect to accounts standing in that person’s name. This service permits you to perform a number of banking functions on accounts linked to the service through the use of a personal computer. Unless indicated otherwise by the context, “linked accounts” refers to all of your accounts (with same signer(s) and same vesting) with us that you have linked to Online Banking.

 

By enrolling and/or using Online Banking, or authorizing another to use your access to the service, you agree to and accept the terms and conditions of this entire Agreement, including online instructions we provide. Please review this Agreement carefully.

 

1. Relation to Other Agreements

This Agreement supplements, but does not replace, the Deposit Account Agreement and Disclosure and other information applicable to your New Omni deposit accounts or linked accounts, including your signature card, all accompanying fees and other schedules and any related disclosures or notices of changes of terms or conditions (together, the “Deposit Agreements”), and the terms and conditions of any credit agreements applicable to your New Omni loan accounts or linked accounts, including all accompanying fees and other schedules and any related disclosures or notices of changes of terms or conditions (together, the “Credit Agreements”).

For example, when you use Online Banking to access a money market account, you do so under the terms and conditions we gave you in the agreement and disclosure governing money market account. You should review those agreements for any applicable service charges, for limitations on the number of transactions you can make and for other restrictions that might impact your use of a money market account with Online Banking.

 

2. Electronic Disclosure and Consent

You agree that we may provide you with all disclosures, notices, and other communications about Online Banking and any future amendments, in electronic form. You must provide us with an email address. We will provide all future notices by posting them on Online Banking for a period of at least 30 days. You may download or print the notice from your computer if you have the hardware and software described below.

At your request, we agree to provide you with a paper copy of such a notice. You may request paper copies of required notices by calling your branch of account during business hours. Click here for branch phone numbers and location addresses.

 

This consent is applicable to Online Banking Service. You will continue to receive all of the paper account statements, other notifications, bills and similar account material that you currently receive by mail.

 

You have the right to withdraw this consent to receive all Online Banking related disclosures and agreements in electronic form, but if you do, we will immediately terminate your participation in Online Banking.

 

3. Changes to Agreement

We may change this Agreement at any time. For example, we may add, delete or amend terms or services, including fees and charges. We will notify you of such changes by mail or electronic message. Our website will be updated on the effective date, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated at an earlier time. If such a change is made, and it cannot be disclosed without jeopardizing the system’s security, this Online Banking Agreement will be updated within thirty (30) days after the change. You will be notified as soon as possible when changes are made which materially affect your rights. You understand that, by maintaining your Online Banking or using any service after the effective date of a change, you indicate your agreement to the change.

 

4. Computer Requirements

In order for you to access and retain records, your computer system must meet the following requirements:

·  Internet access.

· An Internet browser with 128-bit Secure Sockets (SSL) encryption.

· Equipped with anti-virus and anti-spyware software. You will need to turn on the automatic updates feature to guard  against new viruses.

· A personal firewall to help prevent unauthorized access to your home computer.

· You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software, or for any computer virus or related problems that may occur with your use of this service. You are responsible for ensuring that your computer and software are compatible with our system. We reserve the right to change our system requirements from time to time.

 

Note: Some browser software may store user names and security codes to facilitate the future use of a Web site. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature.

 

We make no warranty, express or implied, in law or in fact, including but not limited to any implied warranty of fitness for a particular purpose or merchantability, with respect to the service, or any computer programs, equipment or software that you use in connection with the service.

 

5. Access ID and Password Security

You will need to enter an Access ID and Password to access the service. You will be required to change your Password to a new unique password, only known by you, on the first time you access Online Banking. The new Password must be 8 to 12 characters with at least one alpha, one numeric, and one special character. The Password is also case sensitive. To help safeguard your accounts, you should memorize your Password and change it periodically. For your protection, log off after each Online Banking session and close your browser to ensure confidentiality.

 

You agree to protect the security of your passwords, numbers, codes, tokens, public keys or other means of identification. We may act on any service instruction that is accompanied by your Access ID and Password. When you give someone your Password, you are authorizing that person to use the service, and you are responsible for all transactions that person performs via Online Banking. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions.

You are liable and responsible for all Online Banking 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 us immediately so that we can take the necessary steps to change the means of identification. You agree to defend, hold harmless and indemnify us from and against any and all claims of any nature arising out of any such access by a person you have authorized, permitted or enabled to have access to your account(s) with us via Online Banking.

We reserve the right to block access to Online Banking to maintain or restore security to our systems if we reasonably believe your access codes or passwords have been or may be obtained or are being used or may be used by an unauthorized person(s).

If you forget your Password, contact your branch of account to have your Password reset. Click here for address and phone number. Three unsuccessful attempts to login, using an incorrect Password, will revoke your access to the system. Should this happen, you must contact us to re-establish your access and to have your Password reset.

 

Our employees will never contact you via email, Website pop-up window, or by phone requesting your online Password. If you ever receive a suspicious request for confidential information that purports to be from New Omni Bank, N.A., do not respond to it and do not click on any links that it provides. Report the incident to the Operations Officer or Customer Relationship Personnel at your branch of account. Click here for phone number.

 

6. Hours of Operation

· Online Banking Service will generally be available 24 hours a day, 7 days a week except during periods of scheduled maintenance or unscheduled maintenance such as system outages. We assume no responsibility for any delay, damages, losses or expenses that may occur or result from such unavailability.

 

· The service may also be unavailable as a result of unforeseeable events, such as earthquakes, fires, floods, power failure, computer failures or interruptions in power of telephone service or strikes. While we and our service provider are dedicated to provide you with reliable services, we cannot and do not assume responsibility for delay, losses, damages or expenses that may occur or result from such unavailability at any given time.

 

· To safeguard your interest, after 180 days of consecutive inactivity, online access to your account(s) will be temporarily suspended. Please re-enroll (by clicking the "first time login link" and following instructions for enrollment) to resume the convenience of New Omni's Online Banking Service.

 

7. Business Days and Cut-Off Times

Our business days are Monday through Friday, excluding bank holidays. Instructions received after 5:00 p.m. Pacific Time on a business day or on a non-business day such as Saturday, Sunday, or bank holidays are processed on the next bank business day.

 

8. Online Banking Services

 

Online Banking Fee Schedule

 

Online Banking Access-                               No Charge

View account balances-                               No Charge

View current day transactions-                    No Charge

View current statement transactions-         No Charge

View previous statement transactions-      No Charge

Transfer funds between linked accounts- No Charge

 

 

Other Charges

You should note that, depending on how you access Online Banking, you might incur charges for:

· Normal account fees and service charges. Please refer to your Deposit Account Agreement and Disclosure and Fee Schedule for details.

· Any Internet service provider fees.

· Purchase of personal computer hardware and software

· Transfers made through Online Banking from a savings or money market account may result in excess transaction fees. See your savings or money market Account Agreement and Disclosure and Fee Schedule for details.

· An NSF, returned item, overdraft or similar fee may also apply if you schedule transfers and your available balance is not sufficient to process the transaction on the date scheduled.

 

Services

· You may use Online Banking to view your current account information and transfer funds between and among your eligible deposit accounts with the same signer(s) and same vesting only. Please note that balance information provided may not include recent transactions and may include funds that are not subject to immediate withdrawal. Accounts eligible for account transfer do not include time certificates of deposit and loan accounts.

 

- Express (one-time) Transfers you submit between and among your eligible deposit accounts are immediately reflected in your balances online. Transfers entered before the cut-off time of 5:00 p.m. Pacific Time on a bank business day are processed on that bank business day. Transfers entered after the cut-off time or on a non-bank business day are processed on the next bank business day.

 

- Scheduled (future-dated) Transfers entered on our system before 5:00 p.m. Pacific Time will be scheduled and processed on the business day requested. Transactions processed to your accounts as of a certain business day may not be reflected in your balances online until the next business day. Scheduled transfers scheduled for a weekend or a non-bank business day will be processed on the prior bank business day. You may verify the posting of a scheduled transfer transaction by signing onto your Online Banking the business day following the transfer.

· If we become aware of account transfers with different signer(s) or vesting, we will restrict the transaction and remove the account from online viewing.

 

· When you perform Online Banking funds transfer, you authorize New Omni to withdraw, debit or charge the necessary funds from you designated New Omni account on the transfer date you designate. You agree that you will instruct us to make a withdrawal or transfer only when a sufficient available balance is or will be available in your account at the time of the withdrawal. If you do not have a sufficient available balance, including available credit under any overdraft protection plan, we may refuse to complete the transaction. Whether we complete the transaction or not, we reserve the right to impose non-sufficient funds, returned item, overdraft or similar fees. Please see your Deposit Account Agreement and Disclosure and Fee Schedule for details.

 

· With Online Banking, you may export transactions to various software programs such as: Quicken, Money, or Excel.

 

· We reserve the right to complete or reject any attempted transfers and we reserve the right to limit the frequency and dollar amount of transactions from any of your accounts for security reasons.

 

· You agree to comply with and not to violate any law or regulation in connection with your use of New Omni’s Online Banking Service, including without limitation the sanctions laws administered by the U.S. Office of Foreign Assets Control (“OFAC”).

 

9. Canceling Transfers

You cannot cancel any express (one-time) transfer after it has been entered in Online Banking and the information has been transmitted to us, except in the case of Scheduled Transfers.

You may cancel or edit any scheduled transfer by following the instructions within the Online Banking screens. If you need assistance, please contact the Operations Officer or Customer Relationship Personnel at your branch of account.

 

10. Transfers from Savings and Money Market Accounts

Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers – including Online Banking transactions – from money market deposit and savings accounts.

You are limited to six (6) preauthorized electronic fund transfers, telephone transfers, checks, and point-of-sale transactions per monthly statement cycle (per 4-week or similar period). (For detail information on these accounts, see your Deposit Account Agreement and Disclosure).

 

Each transfer or payment through Online Banking from you money market account or savings account is counted as one of the six (6) limited transfers you are permitted each monthly statement cycle (each 4-week or similar period). We charge a fee for each transaction in excess of this limit. Please see your Deposit Account Agreement and Disclosure and Fee Schedule for details.

 

11. Joint Accounts

When your Online Banking is linked to one or more joint accounts, we may act on the verbal, written or electronic instructions of any authorized signer.

Accounts requiring two (2) or more signatures are not eligible for this Online Banking Service.

 

12. Periodic Statements

Transaction and balance information provided online will not replace any statements you currently receive from us. Rather, you will continue to receive the same regular account statements for your accounts as you are already receiving. Your statement will include any transfers you authorized using the Online Banking. Review your account statement regularly and promptly.

 

 

13. Additional Provisions Applicable Only to Consumer Accounts

How to Notify Us of a Problem

If your have a question about an online transaction, believe your Access ID or Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, please contact us immediately by calling your branch of account during business hours or writing to us, click here for phone numbers and addresses.

Your Responsibility

Tell us AT ONCE if you believe your Access ID and Password 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 protection line of credit). If you tell us within two (2) business days, you can lose no more than $50 if someone used your Access ID or Password without your permission. If you DO NOT tell us within two (2) business days after you learn of the loss or theft of your Access ID or Password, and we can prove that we could have stopped someone from using your Access ID or Password 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 sixty (60) days after the statement was mailed to you, you may not recover any money you lost after the sixty (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 hospital stay) delayed you from contacting us, we will consider extending these time periods.

You agree to always guard your Access ID and Password from unauthorized use. When you give someone your Online Banking Access ID and Password or ATM or Debit Card and PIN, you are authorizing that person to use your service, and you are responsible for all transactions that person performs while using your service. All transactions that person performs, even those transactions you did not intend or want performed, are authorized transactions. After you notify us that the person is no longer authorized and we have reasonable time to act on your notice, additional transactions by that person will not be authorized transactions. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions. For your protection, you agree to not leaving your computer unattended during an Online Banking session. You agree to signing off after every Online Banking session and closing your browser to ensure confidentiality.

Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your account on time, or in the correct amount according to your instruction to us, we will be liable for your losses or damages. However, there are some exceptions. For example, we will not be liable if:

· Through no fault of ours, you do not have enough available funds in your account (or available credit under your overdraft protection plan) to cover the transaction or transfer.

· The money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer.

· The transaction information you supply to us is incorrect, incomplete or untimely.

· Online Banking was not working properly, and you knew about the malfunction when you started the transaction or transfer.

· Circumstances beyond our control (such as fire, flood, earthquake, blackouts, viruses, computer breakdowns, or telecommunication problems, etc.) prevented the transaction or transfer, despite reasonable precautions we have taken.

· The transfer could not be completed due to the system’s unavailability.

· You fail to follow our on-screen instructions properly.

· We believe the transaction may be unauthorized or are uncertain as to anyone’s authority to use the service.

· The transfer authorization terminates by operation of law.

· You default under this Agreement, the Deposit Account Agreement and Disclosure, a credit agreement, or any other agreement with us, or if we or you terminate this Agreement.

· There may be other exceptions not specifically mentioned.

In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages.

If any of the circumstances listed above shall occur, we shall assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.

In Case of Errors or Questions About Your Electronic Transactions

In case of errors or questions regarding an Online Banking transaction, telephone us at (626) 284-5555, or write us at New Omni Bank, N.A., Attn: Operations Administration, 1235 S. Garfield Ave, Alhambra CA 91801 as soon as you can if you think:

· Your statement or transaction record is wrong.

· You need more information about a transaction listed on your statement.

We must hear from you no later than 60 days after we have sent the FIRST statement on which the problem or error appeared.

· Tell us your name and account number.

· Describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

· Tell us the date and dollar amount of the transaction in question.

· The transaction number assigned by Online Banking, if available.

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 after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we reserve the right not to provisionally credit your account. For errors involving new accounts or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question, and up to 20 business days to provisionally credit your account for the amount you think is in error.

If we conclude there was no error, we will send you a written explanation within 3 business days after we complete our investigation. You may request copies of the documents that we used in our investigation.

 

14. Disclosure of Account Information

We do not sell or share customer information collected from our Web site with marketers outside of New Omni. Please see our Privacy Policy for Consumers for information about how we gather, use and secure nonpublic personal information about you. We will disclose information to third parties about your account or your transactions:

· When it is necessary or helpful in completing a transaction or transfer or to investigate or resolve a problem related to a transaction or transfer.

· To verify the existence and condition of your account for a third party, such as credit bureau or merchant.

· To comply with a government agency or court orders, or with the request of a federal regulator.

· If you give us your permission.

· On a closed account, if we reasonably believe you have mishandled it.

· When it is otherwise lawfully permitted or required.

For more information about Privacy and Security, you can review our “Privacy Policy for Consumers” and “Online Banking Security Statement” on our Web site at http://newomnibank.com/privacy.asp  You should read both of our privacy policy and online banking security statement before you enroll in Online Banking Service.

Our privacy policy disclosure applies to consumers. We reserve the right to make changes to this policy at any time. As require by law, New Omni Bank, N.A. will provide notice of our Privacy Policy annually, as long as you maintain an ongoing relationship with us. To receive the most up-to-date Privacy Policy, you can visit our website at: http://www.newomnibank.com/ or call us at the branch location nearest you.

 

15. Additional Provision Applicable Only to Business Accounts

 

Access ID and Password

You agree that we may send notices and other communications, including Access ID and/or Password confirmations, to the current address shown in our records, whether or not that address includes a designation for delivery to the attention of any particular individual. You further agree that New Omni will not be responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your place of business. You agree to:

· Keep your Password secure and strictly confidential, providing it only to authorized signers on your account(s).

· Instruct each person to whom you give your Password that he or she is not to disclose it to any unauthorized person.

· Notify us in writing when there is a change of signers on the account and access to Online Banking should be revoked. Your request to change signers and revoke access is not effective until we have a reasonable opportunity to act on it.

· Immediately notify us and select a new Password if you believe your Password may have become known to an unauthorized person.

 

New Omni will have no liability to you for an unauthorized payment or transfer made using your Password that occurs before you have notified us of possible unauthorized use and we have had a reasonable opportunity to act on that notice. We may suspend or cancel your Password even without receiving such notice from you, if we suspect your Password is being used in an unauthorized or fraudulent manner.

 

Acknowledgment of Commercially Reasonable Security Procedures

By using Online Banking, you acknowledge and agree that this Agreement sets forth security procedures for electronic banking transactions that are commercially reasonable. You agree to be bound by instructions, whether authorized or unauthorized, which we implement in compliance with these procedures, unless you have given us prior notice of possible unauthorized use as described above (and we had a reasonable opportunity to act on such notice).

 

Limitation of New Omni’s Liability

If we fail or delay in making a payment or transfer pursuant to your instructions, or if we make a payment or transfer in an erroneous amount that is less than the amount per your instructions, unless otherwise required by law our liability shall be limited to interest on the amount that we failed to timely pay or transfer, calculated from the date on which the payment or transfer was to be made until the date it was actually made or you canceled the instructions. We may pay such interest either to you or the intended recipient of the payment or transfer, but in no event will we be liable to both parties, and our payment to either party will fully discharged any obligation to the other. If we make a payment or transfer in an erroneous amount that exceeds the amount per your instructions, or if we permit an erroneous amount that exceeds the amount per your instructions, or if we permit an unauthorized payment or transfer after we have had a reasonable time to act on a notice from you of possible unauthorized use as described above, unless otherwise required by law, our liability will be limited to a refund of the amount erroneously paid or transferred, plus interest thereon from the date of the payment or transfer to the date of the refund, but in no event to exceed 60 days’ interest. If we become liable to you for interest compensation under this Agreement or applicable law, such interest shall be calculated based on the average federal funds rate at the Federal Reserve Bank in the district where New Omni is headquartered for each day interest is due, computed on the basis of a 360-day basis. Unless otherwise required by law, in no event will New Omni be liable to you for special, indirect or consequential damages including, without limitation, lost profits or attorney’s fees, even if we are advised in advance of the possibility of such damages.

 

16. Electronic Mail (“email”)

New Omni Bank, N.A. recognizes email as a simple and cost effective method of communication. However, requests and inquiries requiring immediate attention SHOULD NOT be sent by email. A bank representative may not be able to immediately review your email message.

Due to the inherent security issues associated with the Internet, you acknowledge that messages sent by email may not be secured, may be intercepted by third parties, can potentially be monitored and read by others, and their privacy and confidentiality are not guaranteed by New Omni. To protect your privacy and security, in your email, we advise that you DO NOT include confidential personal information such as your Social Security number, date of birth, driver’s license number, or confidential account information such as your account number, credit card number, cash/debit card number, loan number, user code, PIN, or password. You agree that email messages will not serve as a sufficient method for any requirement imposed on you to provide written notice, nor may any email messages be used to place a stop payment on a check, report an unauthorized transaction, cancel a bill payment, request account transfers, or report lost or stolen banking codes, cards, or checks.

If you have a question about your account or need an immediate response, please visit or call your branch of account. Click here for phone number and address.

 

 

17. Cancellation

This Agreement will remain in effect until you or New Omni terminates it. You may cancel this Agreement at any time by notifying us of your intent to cancel in writing and addressing it to your branch of account, attention Operations Officer. Click here for location address and phone number.

 

This cancellation applies to your Online Banking Service and does not terminate your New Omni bank accounts.  Any unprocessed transfers will be canceled upon termination of the Online Banking Service.  We recommend that you cancel any scheduled transfers prior to notifying us that you are discontinuing the service.  If you close your primary account, or if it is no longer linked to your Online Banking Service, any unprocessed transfers will also be canceled.

 

We may cancel this Agreement and terminate your use of Online Banking Service for any reason, including inactivity, at any time. We may automatically terminate or suspend your use of the service without notice if you do not use it for 180 consecutive days. We will try to notify you of the cancellation of this Agreement and/or termination of your Online Banking Service in advance, but we are not obligated to do.

 

 

 

 

18. Limit of New Omni and Other Providers’ Responsibility

We agree to make reasonable efforts to ensure full performance of the Online Banking Service. We will be responsible for acting only on those instructions sent through the Online Banking Service that are actually received and cannot assume responsibility for malfunctions in communications facilities not under our control that may affect the accuracy or timeliness of messages you send. We are not responsible for any losses or delays in transmission of instructions arising out of the use of any Information Service Provider or caused by any browser software. Any information you receive from us 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. We are not responsible for any computer virus or related problems that may be attributable to the Online Banking Service or to any services provided by any Other Service Provider. In the absence of negligence on the part of New Omni Bank, N.A., neither New Omni Bank, N.A., any Other Information Provider, nor any Other Software Supplier is responsible for any direct, indirect, special, incidental or consequential damages arising in any way out of the use of the Online Banking Service.

New Omni Bank, N.A. makes no express or implied warranties concerning the Online Banking Service, 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.

 

19. No Other Use

The Online Banking Service gives you access to services and information from the Bank. These services, and the information provided are the property of New Omni. You may use the Online Banking Service only for your personal use and may not reproduce, sell or distribute all or any portion of the information provided to you by the Online Banking Service.

 

20. 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.

You agree that this Agreement as made available by us online is controlling, and changes that you might attempt to make to it by modifying it after downloading it onto your computer will not be effective for any purpose.

 

21. Governing Law

The terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of California and applicable federal laws.

 

22. Assignment

New Omni may assign its rights and delegate its duties under this Agreement to any other party. You may not assign any of your rights or duties under this Agreement at any time.

 

23. Links to Other Sites

New Omni Bank’s Web sites may contain links to other sites.  We make no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, we do not endorse the products or services offered by any company or person linked to this site. You should take precautions to protect your computer software and data from viruses and other destructive programs when downloading files from sites. You acknowledge and agree that New Omni Bank, its affiliates and partners are not responsible for the contents of any Linked Sites, including the accuracy or availability of information provided by Linked Sites, and make no representations or warranties regarding the site of any third party.

 

24. Indemnification

Customer shall indemnify, defend and hold harmless New Omni Bank and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any Losses arising out of: (i)Customer’s negligence; (ii) Customer’s failure to comply with applicable law; or (iii) Customer’s failure to comply with the terms of this Agreement.

 

25. Entire Agreement

This Agreement is the entire agreement between you and New Omni Bank, N.A. regarding your use of the Online Banking Service, and it supersedes any prior discussions and agreements between you and New Omni regarding the Online Banking Service, and supersedes any marketing or other similar material pertaining to the Online Banking Service delivered to you in writing, verbally or obtained at any branch or department of New Omni or the site of any Internet service provider.

 

 

 

 



I ACCEPT
        CANCEL