INTERNET BANKING AGREEMENT
TERMS AND CONDITIONS OF USE
TO VALLEY BANK OF COMMERCE's WEB SITE (www.valleybankofcommerce.com). THESE TERMS
AND CONDITIONS OF USE GOVERN THE USE OF THIS SITE. PLEASE
READ THEM CAREFULLY BEFORE ACCESSING THE SITE. IF YOU DO NOT AGREE
WITH THESE TERMS DO NOT ACCESS THE SITE. BY ACCESSING THE SITE OR ANY
OF ITS PAGES YOU AGREE TO BE BOUND BY THESE TERMS.
and Services Information
Site has been established by Valley Bank of Commerce for the purpose of conveying
information about Valley Bank of Commerce's products and services and to allow communication
between Valley Bank of Commerce and its customers. Nothing contained in any page on
this Site takes the place of Valley Bank of Commerce's agreements that govern our
products and services and disclosures made in accordance with federal
and state laws and regulations. If any information on the Site conflicts
with that in Valley Bank of Commerce's agreements and disclosures, such agreements
and disclosures will control.
to Valley Bank of Commerce's Internet Banking service ("Internet Banking"), you must
maintain at least one deposit account with Bank, which may include
the following types of accounts: checking account, savings account
or money market account (collectively and individually, “Accounts”).
Internet Banking will allow you to access more than one Account, view
Account balance and transaction information, transfer funds among designated
Accounts, send electronic communication to Valley Bank of Commerce and receive electronic
communication from Valley Bank of Commerce.
becoming an Internet Banking customer, you will receive a TOKEN,
which will allow access to information on your existing Accounts
with Valley Bank of Commerce. Use of the TOKEN number assigned to you will indicate
to Valley Bank of Commerce your acceptance of these Terms. Each time you engage in
an Internet Banking Transaction, you will be required to enter your
TOKEN number. Any person(s) initiating an Internet Banking Transaction
on behalf of a commercial customer by entering the correct TOKEN is deemed
as acting with the full authority of the Board of Directors, members
or general partners, as applicable, of the commercial customer. You
are responsible for maintaining the confidentiality of your TOKEN and
any breach of confidentiality must be promptly reported Valley Bank of Commerce.
Valley Bank of Commerce reserves the right to prevent your access to Internet Banking
should Valley Bank of Commerce have reason to believe the confidentiality of your
TOKEN has been compromised.
acknowledge and agree that by providing any personal or proprietary
information through Internet Banking, you consent to the transmission of such
personal or proprietary information to Valley Bank of Commerce, its agents and processors
as necessary for secure processing in accordance with Valley Bank of Commerce's standard
shall be responsible for all Internet Banking Transactions you authorize.
You shall also be responsible for all Internet Banking Transactions
initiated by persons to whom you have given your TOKEN. You also have
responsibilities as governed by the Electronic Fund Transfer Act (15
U.S.C. 1693, et seq.) as more fully described below.
Valley Bank of Commerce shall be responsible for performing services expressly provided
for in these Terms, and shall not be liable for any error or delay
so long as Valley Bank of Commerce has acted in accordance with these Terms and Account
agreements. Valley Bank of Commerce shall not be liable if you do not have sufficient
funds in a designated Account to complete the transaction you initiate
or if the Account is closed.
Valley Bank of Commerce shall not be liable if you have not given Valley Bank of Commerce complete,
correct or current transfer instructions or if you have not followed proper
instructions provided through the Internet Banking website. Valley Bank of Commerce
shall not be responsible for any loss, damage, liability or claim arising,
directly or indirectly from any error, delay or failure in performance
of any of its obligations hereunder which is caused by fire or other
natural disaster, strike, civil unrest, any inoperability of communications
facilities or any other circumstance beyond the control of Valley Bank of Commerce.
Computer Equipment and Software
You must have an Internet Service Provider and a web browser to utilize
Internet Banking through the Internet. In an effort to provide the
highest degree of confidentiality and security, Valley Bank of Commerce recommends
the use of browsers that provide encryption using a 128-bit key. The
higher level of encryption, the more difficult it is for unauthorized
people to read information. Valley Bank of Commerce is not liable for losses resulting
from the use of any browser using less than 128-bit data encryption.
If you elect to use a browser that does not use 128-bit encryption,
this implies your acceptance of this risk.
You are solely responsible for the maintenance, installation and operation
of your computer and for the software used in accessing Internet Banking.
Valley Bank of Commerce shall not be responsible for any errors, deletions, or failures
that occur as a result of any malfunction of your computer or software,
nor shall Valley Bank of Commerce be responsible for any computer virus that affects
your computer or the software while using Internet Banking.
Daily Processing Deadlines
Account information displayed through Internet Banking is the current information
as of the previous business day. Funds transfers between Account(s)
initiated on your computer using Internet Banking, and received by
Valley Bank of Commerce or its agent(s) by 4:00 P.M. EST Monday-Friday will be effective
on the current business day. Funds transfers initiated on you computer
and received after 4:00 P.M. EST Monday-Friday or all day Saturday,
Sunday and banking holidays will be effective the following business
Transfers are limited to a minimum of $.01 and a maximum of $99,999.99 per transaction.
Withdrawal Transaction Limitations
The restrictions on the number of withdrawals from your savings and money
market Accounts apply to funds transfers between Accounts.
following fees will be applicable to Internet Banking:
account information - no charge
of funds between Accounts - will be subject to any fees applicable
to withdrawals from your Account as stated in your Account's disclosures
or Valley Bank of Commerce's fee schedule, as amended from time to time; and
other services - fees for any other service made available or requested
by you via this Site, will be as stated in Valley Bank of Commerce's fee schedule,
as amended from time to time.
Electronic Fund Transfer Act Disclosure
Some of the terms set forth below are governed by the Electronic Fund Transfer
Act (“EFT Act”), which is only applicable to consumers. Commercial
Account holders are not entitled to the rights provided under the EFT
Act. Any consumer Internet Banking transfers you complete using your
TOKEN over this Site are subject to the EFT Act and this disclosure.
Reporting Unauthorized Transactions
You must notify Valley Bank of Commerce IMMEDIATELY if your TOKEN has been lost or stolen,
or if you believe unauthorized transactions are being made from your
Account(s). Telephoning is the best way of minimizing possible
losses. Contact the Customer Service Center at (575) 623-2265 or
write Valley Bank of Commerce at:
Valley Bank of Commerce
217 West 2nd Street
Roswell, NM 88201
to notify Valley Bank of Commerce could result in the loss of all money in your Account
plus your maximum line of credit, if you have one. If you report within
two (2) business days, the loss sustained by you will be no more than
$50 if your TOKEN is used without your permission.
do not notify Valley Bank of Commerce within two (2) business days after learning
of the loss of theft of the TOKEN, and Valley Bank of Commerce can prove that it could
have prevented someone from using the TOKEN without your permission had
it been notified, you could lose as much as $500.
Valley Bank of Commerce will mail or deliver to you periodic statements for your Account(s)
as disclosed in your deposit or credit agreements. Valley Bank of Commerce will include
any transfers you authorize through Internet Banking on your statements.
You agree to review your periodic statement for accuracy of all data in
accordance with these Terms and any other deposit or credit agreements
governing your Account. You should promptly notify Valley Bank of Commerce of any
Valley Bank of Commerce's Business Days
Valley Bank of Commerce's business days are Monday-Friday. Federal holidays on which our
offices are closed are not considered business days.
You may access Account information through Internet Banking 24 hours a
day, seven days a week, except for interruptions due to maintenance
or matters beyond Valley Bank of Commerce's control. Valley Bank of Commerce does not warrant that
Internet Banking will be available at all times.
If your Account statement shows electronic transfers you did not make, or
you feel any statement or receipt is wrong, or you wish to have more information
about a transfer listed on a statement or receipt, contact us in writing
or by telephone. Contact the Customer Service Center at (575) 623-2265 or write Valley Bank of Commerce at:
Valley Bank of Commerce
217 West 2nd Street
Roswell, NM 88201
hear from you within sixty (60) days after we send you the FIRST statement
on which the problem or error appeared. If you fail to notify Valley Bank of Commerce
within the sixty (60) day period, you may not recover any of the money
you lost if we can establish that the loss could have been avoided
had you notified us on time. We may extend these time periods for good
reasons such as out-of-town travel or extended hospital stays.
When you contact us:
Tell us your name and Account number and security code;
Describe the error or the transfer you are unsure about, and explain as clearly
as possible why you believe it is an error or why you need more information; and
Tell us the dollar amount and the item reference number of the suspected error.
If you notify us by telephone, we may require that you send us your compliant
or question in writing within ten (10) business days. If we ask you
to put your complaint or question in writing and we do not receive
it within ten (10) business days, we may not provisionally credit your Account.
We will tell you the results of our investigation within ten (10) business
days after notice of the problem and will correct any error promptly.
If we need more time, however, we may take up to ninety (90) days to
investigate complaints or questions concerning foreign-initiated transfers,
or up to forty-five (45) days to investigate, we will provisionally
credit your Account within ten (10) business days for the amount you
think is in error. You will have the use of the money during the time
it takes us to complete the investigation. If we decide no error occurred,
we will send you a written explanation within three (3) business days
after our investigation is completed. You may ask for copies of the
documents we used in our investigation.
Electronic Communication (secure messages) to Valley Bank of Commerce may be delayed; therefore, if you
need Valley Bank of Commerce to receive information concerning your Account immediately
( e.g. , to stop payments, to report a lost or stolen card
or to report unauthorized use of your Account), you must contact Valley Bank of Commerce
in person or by telephone. Valley Bank of Commerce shall have a reasonable period
of time after receipt to act on requests or information you send by
Valley Bank of Commerce may disclose information to a third party about your Account or
the transfers only if you have given us permission to do so, or when
it is necessary to (1) complete transfers, (2) verify the existence
or status of your Account to a third party such as a credit bureau
or merchant, or (3) comply with a court order or the request of a government
for more information on Valley Bank of Commerce's use of its customer's personal and
account information provided to or held by Valley Bank of Commerce.
Links to Other Internet Sites
From time to time Valley Bank of Commerce may place links to third party web sites on this
Site. Valley Bank of Commerce has no control over any other site and is not responsible
for the content on any site other than this Site. You should refer
party sites before using them. You assume all responsibility when you
go to other sites via the links on this Site and for your dealings
with such third party web sites. You should take precautions when downloading
files from third party sites to protect your computer software and
data from viruses and other destructive programs.
Electronic Signatures and Authentication
Valley Bank of Commerce may, in accordance with federal law, adopt or accept commercially
reasonable electronic signatures and/or authentication procedures to
verify customer identity, authenticate customer signature authorization,
and confirm that information electronically received by Valley Bank of Commerce has
not been altered during transmission. Such electronic signatures shall
consist of symbol(s) or code(s), which may be affixed or contained
in electronic agreements, disclosures, notices, records or data transmitted
by you or Valley Bank of Commerce to the other party. Neither Valley Bank of Commerce nor you shall disclose
to any unauthorized person the confidential electronic signature of the other party.
You agree that by using Internet Banking to conduct transactions, the information
and transfers will be recorded and/or data captured. By using Valley Bank of Commerce's
service you consent to such recording.
The information and materials contained in this Site are owned by Valley Bank of Commerce
or by others, as applicable. No material may be copied, displayed,
transmitted, distributed, framed, sold, stored for use, downloaded,
or otherwise reproduced except as permitted by law. All contents of
this Site are © 2003 Valley Bank of Commerce. All rights reserved.
Internet Banking contains copyrighted material, trademarks, service marks,
logos, trade dress and other proprietary content, including but not
limited to text, software, sound, photographs, buttons, images, video
and graphics, the entire selection, coordination, arrangement and “look
and feel” of Internet Banking is copyrighted as a collective work under United
States copyright laws. Neither these Terms nor your use of Internet Banking
transfers any right, title or interest in the Site or content on this
Site to you, and Valley Bank of Commerce and its third party licensors retain all
of its and their respective right, title and interest to the Site and
NEITHER VALLEY BANK OF COMMERCE NOR ANY OF ITS AFFILIATES MAKES ANY
WARRANTY OF ANY KIND REGARDING THE PRODUCTS AND SERVICES ADVERTISED ON OR ACCESSED
THROUGH THIS SITE OR ANY LINKED SITE. VALLEY BANK OF COMMERCE WILL USE REASONABLE EFFORTS
TO ENSURE THAT ALL INFORMATION DISPLAYED IS ACCURATE; HOWEVER, VALLEY BANK OF COMMERCE
EXPRESSLY DISCLAIMS ANY REPRESENTATION AND WARRANTY, EXPRESS AND IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, AND THE ABILITY TO USE THE SITE WITHOUT CONTRACTING
A COMPUTER VIRUS. VALLEY BANK OF COMMERCE IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE,
EXPENSE, OR PENALTY (EITHER IN TORT, CONTRACT, OR OTHERWISE), INCLUDING
DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND INCIDENTAL DAMAGES, LOST
PROFITS OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF
USE, THAT RESULT FROM THE ACCESS TO OR USE OF THIS SITE. THIS LIMITATION
INCLUDES, BUT IS NOT LIMITED TO, THE OMISSION OF INFORMATION, THE FAILURE
OF EQUIPMENT, THE DELAY OR INABILITY TO RECEIVE OR TRANSMIT INFORMATION,
THE DELAY OR INABILITY TO PRINT INFORMATION, THE TRANSMISSION OF ANY
COMPUTER VIRUS, OR THE TRANSMISSION OF ANY OTHER MALICIOUS OR DISABLING
CODE OR PROCEDURE. THIS LIMITATION APPLIES EVEN IF VALLEY BANK OF COMMERCE OR ANY
OF ITS AFFILIATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE. YOU AGREE THAT, EXCEPT AS EXPRESSLY STATED HEREIN, THERE
IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, AND NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING
ANY ASPECT OF INTERNET BANKING.
BY ACCESSING INTERNET BANKING THROUGH THE WORLD WIDE WEB, YOU AGREE THAT THE NEITHER
VALLEY BANK OF COMMERCE NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR PUNATIVE COSTS, EXPENSES OR DAMAGES (INCLUDING
LOST SAVINGS OR PROFITS, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEY'S
FEES) ARISING OUT OF OR RELATED TO THESE TERMS OF YOUR USE OF THIS
SITE. THE MAXIMUM AGGREGATE LIABILITY OF VALLEY BANK OF COMMERCE FOR ALL CLAIMS ARISING
OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE
OF ACTION, SHALL BE ONE HUNDRED US DOLLARS ($100).
provision of these Terms are found to be invalid or unenforceable under
applicable law, said provision shall be ineffective to the extent of
such invalidity only, without affecting the remaining provisions of
Terms may be amended by Valley Bank of Commerce from time to time by posting the new
any updates and changes. You agree to be subject to these Terms as
changed from time to time. To the extent required by law, revised information
will be made available at any Bank office and, in many cases, will
be mailed or sent via electronic mail to you. You will be required
to abide by these changes in future transactions.
Jury Trial Waiver and Arbitration
hereby knowingly, voluntarily, intentionally and irrevocably waive
the right to a trial by jury in respect to any litigation based hereon
or arising out of these Terms or relating to the account as permitted
under applicable law.
agree that any dispute arising out of or relating in any way to your
use of this Site or Internet Banking requires that such claim be resolved
exclusively by confidential binding arbitration except that, to the
extent you have in any manner violated or threatened to violate Bank's
intellectual property rights, Bank may seek injunctive or other appropriate
relief. The arbitration shall be conducted before three neutral arbitrators
in the city of Roswell, New Mexico, in accordance with the rules of
the American Arbitration Association ("AAA"), as then in
effect. No claims of any other parties may be joined or otherwise combined
in the arbitration proceeding. Unless otherwise expressly required
by applicable law, each party shall bear its own attorneys' fees without
regard to which party is deemed the prevailing party in the arbitration
proceeding. Except for punitive and consequential damages (which may
not be awarded), and subject to these Terms, the arbitrators shall
be authorized to award either party any provisional or equitable remedy
permitted by applicable law. The parties shall equally share all AAA
charges and fees associated with the arbitration.
THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES
EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO
PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE
IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING.
THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT
EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT
LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED
OR UNAVAILABLE IN ARBITRATION.
award of the arbitrators may be enforced in any court having jurisdiction
thereof. Each party hereby consents (a) to the non-exclusive jurisdiction
of the courts of the State of New Mexico or to any Federal Court located
within the State of New Mexico for any action (i) to compel arbitration,
(ii) to enforce any award of the arbitrators, or (iii) at any time
prior to the qualification and appointment of the arbitrators, for
temporary, interim or provisional equitable remedies, and (b) to service
of process in any such action by registered mail or any other means
provided by law. Should this Section be deemed invalid or otherwise
unenforceable for any reason, it shall be severed. In such event, the
parties to these Terms agree that exclusive jurisdiction and venue
for any claims will be in state or federal courts in Roswell, New Mexico,
and each party hereby waives any defense related to personal jurisdiction,
process or venue.
agree to indemnify, defend and hold Valley Bank of Commerce, its affiliates, shareholders,
directors, officers, co-branders, subsidiaries, parents, employees
and agents, harmless from any claim, demand, liability, dispute, damage,
cost, expense, or loss, including attorneys' fees and costs of litigation,
arising out of, or in any way related to your use of or access to this
Site, your use of Internet Banking, including any use by your employees,
your violation of these Terms or your violation of any rights of a
The Bank may waive any term or provision of these Terms at any time or
from time to time, but any such wavier shall not constitute a waiver
of the term or provision in the future.
Valley Bank of Commerce may assign the rights and delegate the duties under these Terms
to any present or future, directly or indirectly, affiliated company
or to any third parties.
party may terminate these Terms by giving sufficient notice to the
other party. Any transaction you have initiated prior to receipt of
notice of termination by Valley Bank of Commerce will continue to be made until Valley Bank of Commerce
has had a reasonable opportunity to act upon the notice of termination.
If Valley Bank of Commerce terminates your access to Internet Banking, Valley Bank of Commerce reserves
the right to immediately stop making transfers from your Account(s),
including those you previously authorized.
These Terms are subject to the provisions of all applicable operating circulars of
the Federal Reserve System and any other applicable provisions of
Federal law. Except as so provided, these Terms and the use of this
Site are governed by and interpreted in accordance with the laws
of the state of New Mexico. These Terms shall be binding upon and
inure to the benefit of the parties hereto and there respective legal
representatives, successors and assigns.