Agreements

Privacy

Privacy Agreement

Our Promise to You

Golden Valley Bank is dedicated to serving the financial needs of our customers. We recognize our responsibility to keep the information you provide to us secure and confidential. In order to provide you with the financial products and services you need, we collect, maintain, and use information about you. Golden Valley Bank wants you to understand what information we collect, how we use it, and with whom we share it. We have developed this privacy policy which describes our practices with respect to the privacy of your information. This policy applies to all customers, current, former or inactive.

Information We Collect

We collect nonpublic personal information from you in the course of providing you our products and services. We collect your personal information from you, your applications, our transactions, consumer reporting agencies, and the verification of your information.

Golden Valley Bank limits the use and collection of information about our customers to that which is necessary provide you with products and services you request; to know who you are and prevent unauthorized access to your information; to offer products and services that are of value to you; and to comply with the regulations that govern us.

Information We Disclose

We do not disclose any nonpublic personal information about our customers or former customers to anyone except as permitted by law. In accordance with standard banking practice, and within regulatory guidelines, we may share certain information about you with reputable credit reporting agencies so creditors can verify the existence and condition of your accounts with us. We, like many banks, have contracts with outside companies who provide support services to us, such as those operating our ATMs, where information is provided to unaffiliated third parties as necessary to effect or administer a transaction requested or authorized by you. Please be assured that we will only share information with nonaffiliated third parties to the extent required or permitted by law. Please read our Privacy Notice for complete details.

How We Protect Your Information

Golden Valley Bank is committed to ensuring that the information we have about you is not only accurate, but that it is protected. We protect the information we have collected about you making it accessible only to those employees who are dealing with you or your accounts for legitimate banking purposes. We educate our employees on their responsibility to protect your privacy. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your privacy. We utilized established security standards and procedures to keep your information safe from intrusion, and we continually assess new technology to ensure that we can continue to provide our standard of security as we develop and offer new product and services.

Contacting Us

If you have additional questions regarding the privacy of your personal information, please contact us by visiting our branch or calling us at (530)894-1000.

Internet Banking

Internet Banking Agreement

I. Terms and Conditions for Both Consumer and Non-Consumers

A. Introduction

This Internet Banking Service Agreement ("Agreement") governs the use of the Golden Valley Bank’s Online Banking System ("Services"). The Services allows you to perform a number of banking functions through the use of a personal computer and the Internet. This Agreement establishes the terms and conditions for electronic access to the internet banking system ("System"). When you use any of the Internet Banking Services described in this Agreement, you agree to the terms and conditions of this Agreement.

For purposes of this Agreement, the words "we," "our," "us," "Bank" and other similar terms mean Golden Valley Bank. “You," "your," "User," "Customer," "Company" and other similar terms refer to the account holder named below and anyone else authorized by that account holder to exercise control over account holder's funds through the System. "Account" or "accounts" means your accounts at Golden Valley Bank. "Electronic funds transfers" means ATM withdrawals, preauthorized transactions, point of sale transactions and transfers to and from your Bank accounts (including Bill Payment) using the System.

If you are an individual, then you agree to use our Services for consumer transactions only. If you are not an individual, including, but not limited to, a sole proprietor, corporation, partnership, limited liability company, unincorporated business entity or association, then you agree to use our Services for non-consumer transactions only. A “consumer transaction” means the use of our Services to electronically transfer funds to or from a consumer account. A “consumer account” is an account of yours that is established primarily for personal, family or household purposes. If you use the Services for a consumer transaction, then the terms and conditions in Section III of this Agreement will not apply.

A “non-consumer transaction” means the use of the Services for any purpose that is not a consumer transaction (for example, to transfer funds to or from a business account or any account that is not a consumer account) and in addition includes (to the extent allowed by law): (i) any transfer of funds through Fedwire or a similar wire transfer system; (ii) any transfer of funds the primary purpose of which is the purchase or sale of a security or commodity; and any other use of the Services if the use is not covered by the Electronic Fund Transfer Act and its implementing Regulation E. If you use the Services for a non-consumer transaction, then the terms and conditions in Section II of this Agreement will not apply.

B. Other Agreements

The terms and conditions of the deposit agreements and disclosures for each of your Bank accounts as well as your other agreements with Bank such as loans, continue to apply notwithstanding anything to the contrary in this Agreement.

C. Using Online Banking

To use System, you must have at least one checking account at Bank, acquire the computer hardware and software required to access System, World Wide Web access via a secure Internet Service Provider (ISP), an Internet browser that supports a minimum 128 bit encryption standard, anti-virus software, and a valid e-mail address.

  1. Your online acceptance of these terms and conditions represents acceptance of all the requirements outlined herein.
  2. Once we have received your signed Internet Banking Enrollment Form, and verified your account information, we will contact you by phone, e-mail, postal mail (or any combination of), confirmation of our acceptance of your enrollment, along with your assigned User ID and Password. System can be used to access only the Bank accounts which you have designated for access by System in your Internet Banking Enrollment Form. You can add, change or delete any of your Bank accounts or User access from this Agreement by completing a new Internet Banking Enrollment Form or Change Form. Access to your accounts through System will be based upon the Senior Administrator set up of additional users. We undertake no obligation to monitor transactions through System to determine that they are made on behalf of the accountholder.

D. Enrollment and Usage

Enrollment access is based upon the type of custodial account arrangement you have with the Bank:

  1. Accept this Agreement and complete the Internet Banking Enrollment Form for your individual account. Persons with individual accounts may also access joint accounts for which they are an owner.
  2. There are two ways to enroll for System for joint accounts. Both account holders may enroll separately and each will have his or her own separate "Agreement". Each such joint account holder is subject to separate fees as applicable. Alternatively, one holder of a joint account can enroll in System and be issued a User ID and Password for each account holder and be subject to fees for one person. You are liable for all transactions that you, or any other user that you provide your User ID and Password, in addition to other User IDs and Passwords issued to joint account holders, even if the person(s) you authorize exceeds your authority.
  3. Sign this Agreement and complete the Internet Banking Enrollment Form for business account(s) you wish to enroll for System. You must be a signer on the account(s) to access business account(s) via System. You must be a signer on the account(s) to grant access to others who do not sign on the account(s).

System can be used to access only the Bank accounts that you have designated for use in this Agreement. You may request to add or delete any of your Bank accounts from this Agreement by contacting us.

E. Your Responsibility When the User ID and Password are Used

In your electronic communications with us, you must use your User ID and Password to initiate a secure System session with us. You may then use the tools provided by us within System.

When we commence your ability to access the System, we will establish access for you using a temporary Password. You will be required to change your Password upon your first login and periodically thereafter. You agree that you will not under any circumstances disclose your Password to anyone, including anyone claiming to represent Bank.

Your Password must be at least 8 to 12 characters in length and consist of both alpha and numeric characters and both upper and lower case characters for purposes of security. Your Password should not be associated with any commonly known personal identification, such as social security numbers, address, date of birth, names of children, and should be memorized rather than written down.

We are entitled to act upon instructions we receive with respect to any Service under your User ID and Password. You are liable for all transactions made or authorized with the use of your Password. We have no responsibility for establishing the identity of any person who uses your Password. You agree that if you give your Password to anyone or fail to safeguard its secrecy, you do so at your own risk since anyone with your Password will have access to your accounts.

You agree to indemnify and release Bank from any and all liability, and agree not to make any claim against Bank or bring any action against Bank, relating to its honoring or allowing any actions or transactions that were conducted under your Password or acting upon messages or authorizations provided to us using your Password.

You agree that we shall not be responsible for any loss, property damage or bodily injury arising out of or resulting from the failure of any person to provide you with access to System, whether caused by the equipment, software, the Bank, Internet service providers, Internet browsers, or the parties providing communication services to or from us to you. We are not liable for war, acts of government that may restrict or impair use of System services, hurricanes, floods or other disasters, nor shall we be responsible for any direct, indirect, special or consequential, economic or other damages relating in any way to the foregoing.

By directing us, through the use of System, any Services initiated with your User ID and Password, you authorize Bank to complete the transaction. Any requests or instructions we receive from you through the System using your User ID and Password shall constitute writings with your signature as provided under all applicable law, and shall have the same force and effect as a writing signed by you. This includes, but is not limited to, requests with respect to funds in your account; transferring money, stop payment orders, changes to accounts or services or any other communication you provide us through the System using your User ID and Password.

Your access to System will be blocked in the event your User ID and Password is entered incorrectly on 3 consecutive attempts. If this happens, please call us at (530) 894-1000.

F. Data Protection

You understand the importance of your role in preventing misuse of your accounts through System and you agree to promptly examine your statement for each of your Bank accounts as soon as you receive it. You agree to protect the confidentiality of your account and account number, and your personal identification information, such as your driver's license number and social security number. You understand that personal identification information by itself, or together with information related to your account, may allow unauthorized access to your account. Your User ID and Password are intended to provide security against unauthorized entry and access to your accounts. Data transferred via System is encrypted in an effort to provide transmission security and System utilizes identification technology to verify that the sender and receiver of System transmissions can be appropriately identified by each other. Notwithstanding our efforts to insure that the System is secure, you acknowledge that the Internet is inherently insecure and that all data transfers, including electronic mail, occur openly on the Internet and potentially can be monitored and read by others. We cannot and do not warrant that all data transfers utilizing Bank System, or e-mail transmitted to and from us, will not be monitored or read by others.

G. Services

You can use System to perform these Services:

  • View current balance information on your Bank accounts
  • View Bank account history
  • Transfer funds between your Bank accounts
  • Make on-us loan payments
  • View check images
  • Make stop payment requests
  • Export history information in a Quicken, QuickBooks, or spreadsheet format
  • Pay bills

Some of the Services may appear on your screen that have not been approved for you and, therefore, will not be available to you. Also, the Bank may, from time to time, introduce new Services. When enrolling in these services when they become available, you agree to be bound by the terms and conditions in this Agreement and any updates thereto.

Information shown on System is generally up to the minute. The available account balance may include deposits still subject to verification or other items memo posted to the account (e.g., debit card activity) and may not include outstanding checks or credits. The current balance is a count of items posted to the account. Transfers initiated through System may not result in immediate availability because of the time required to process the request. Please contact us if you have further questions.

G-1: eAlerts

 You may sign up for eAlerts through Golden Valley Bank’s Internet Banking service.  Once you have logged in to Internet Banking, you may choose which eAlerts you would like to receive, the account(s) to which the eAlerts will relate, and the electronic addresses to which the eAlerts will be sent.  You agree to notify us of any change to your electronic addresses in order to ensure continued delivery of your eAlerts.  You must be an Internet Banking customer to receive eAlerts. You may also delete or change the status of your eAlerts through Internet Banking. eAlerts may be discontinued by deleting the eAlert.   Deleted Alerts will not be maintained on your list of eAlerts.

You may elect to receive eAlerts relating to your checking, savings, certificate of deposit, or line of credit accounts with Golden Valley Bank. eAlerts will be sent to a mobile phone, handheld, or other wireless device or by email as designated by you. The Service allows you to request and receive certain messages about your Golden Valley Bank account. You may elect to receive eAlerts relating to specific transactions on your designated accounts including but not limited to; notifications regarding deposit account transactions based on a specified amount, notifications that payments or credits have posted to your account, or notifications when your account balance exceeds an amount that you have specified.

eAlerts are not encrypted, therefore, we will never include your pass code or full account number. However, eAlerts may include your name and some information about your accounts such as your account balance. Anyone with access to your email will be able to view the contents of the eAlerts.

eAlerts will be sent each day, at various times, when transactions occur that meet your specified criteria. You understand and agree that eAlerts will not be sent on a “real time” basis, but will rather be sent at the next scheduled delivery time after the specified transaction event occurs.  We reserve the right to change the frequency or timing of eAlerts, at any time and from time to time.

eAlerts are not intended to replace your account statements or any other communications we may provide to you regarding your account(s).

You understand and agree that receipt of each eAlert may be delayed, or prevented by factors affecting your Internet service provider(s), phone operator(s), and such other relevant entities ("Third Party Service Providers"). All matters concerning Third Party Service Providers are solely between you and the Third Party Service Provider. We make no representations or warranties whatsoever with regard to Third Party Service Providers' products and services. Golden Valley Bank and its affiliates neither guarantee the delivery nor the accuracy of the contents of any eAlert. Golden Valley Bank and its affiliates will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdelivery of an eAlert; (b) inaccurate content in an eAlert; or (c) your use or reliance on the contents of any eAlert for any purchases or any other reason.

You are responsible for and must provide all telephone and other equipment, software, and services necessary to receive eAlerts from the Service. While Golden Valley Bank does not charge for the delivery of the eAlerts, please be advised that text or data charges or rates may be imposed by your carrier. Golden Valley Bank reserves the right to modify this Agreement at any time. We may add new eAlerts from time to time or cancel old eAlerts. Any modifications shall be effective when they are posted on the Service. You will be notified as soon as possible when any changes are made that materially affect your rights.

H. Posting of Transfers

Transfers initiated through System before 6:00 PM on a business day are posted to your account the same day. Transfers completed after 6:00 PM or on a non-business day will be posted on the next business day. You agree to communicate with any other persons with authorized access to your accounts concerning any transfers, bill payments, or other transactions from your accounts in order to avoid overdrafts.

I. Stop Payment

You may initiate stop-payment requests online via the System only for paper checks you have written (non-electronic) on your Bank accounts. The System allows you to place a stop payment order request of up to six (6) months in duration. If you use the Services stop payment feature, then you must follow the procedures and specification described in this Agreement.

You must provide the Bank with complete and accurate information in a timely manner on: the account number, the date of the item or check; the item or check number; the EXACT amount of the item or check (dollars and cents); the payee name and the reason for the stop payment. If any information is incomplete or incorrect, the Bank will not be responsible for failing to stop payment on the item or check. Bank shall have no responsibility to determine the accuracy of such information. Stop payment requests which cover a range of checks or items that are missing or stolen will be processed without regard to the dollar amount. Bank is not responsible for stop payment requests received for items or checks that have already cleared or been paid from your account. Bank may provide you notice of the actual stop payment of a check by making such information accessible to you online via the System. Stop payment orders are effective for only six months unless renewed by you prior to expiration of the original order. From time to time, Services may be inoperable. If that occurs, your request can be communicated to the Bank by telephone instructions.

You agree to indemnify Bank against any loss for the amount of said check and all expenses, costs and consequential damages, if any, incurred by Bank because of refusing payment pursuant to your stop payment order. You agree not to hold Bank liable on account of payment contrary to your stop payment order if same occurs through inadvertence, accident or oversight, or if by reason of such payment other items drawn by you are returned insufficient. You agree that any stop payment placed on any check issued on your accounts designated on the Internet Banking Enrollment Form may be relied upon by Bank to have been placed by an agent of you duly authorized to place the stop payment, and Bank shall have no duty or obligation to verify either the authenticity of the stop payment order request or the authority of the person placing it.

We currently impose a stop payment fee of $20.00 for each stop payment request on a check or item. This fee will be deducted from the account which the check or item was initiated or drawn on. Stop payment order on a Bill Payment will depend on the payment method and whether or not a check has cleared. To stop payment on a Bill Payment see "Bill Payment" below.

J. Bill Payment

You agree to be bound by the Terms and Conditions of IPay Technologies, our third party bill payment service provider as defined in the terms and conditions outlined when you sign up for Bill Pay service.

K. Overdrafts (Order of Payments, Transfers, and other Withdrawals)

If your account has insufficient funds to perform all electronic fund transfers you have requested for a given business day, then:

  1. Electronic funds transfers involving currency disbursements, such as ATM withdrawals, will have priority
  2. Electronic fund transfers initiated through System which would result in an overdraft of your account may, at our discretion, be cancelled
  3. In the event the electronic fund transfers initiated through System which would result in an overdraft of your account are not cancelled, overdraft charges may be assessed pursuant to the terms of the deposit agreement for that account

L. Business Days

For purposes of this Agreement, our business days are Monday through Friday. Holidays are not included.

M. Contact in Event of Unauthorized Transfers

If you believe that your User ID and Password has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call us at (530)894-1000, or write to us at 190 Cohasset Road, Suite 170, Chico, CA 95926.

N. Limitations on Transfers

In addition to the limitations elsewhere described, there are frequency limits that apply when transferring funds from a savings or a money market account. Federal regulations limit the number of preauthorized electronic fund transfers and telephone transfers - including transfers you request using the Service - from money market deposit and savings accounts. You may make a maximum of 6 preauthorized, automatic or telephone transfers per monthly cycle on a savings or money market account. No more than 3 of the 6 may be made by check, draft or debit to third parties, including point of sale ("POS") transactions. If you exceed these limits, we may close the account, impose a fee and/or change the account to a non-interest bearing demand deposit account. Each transfer or payment you request through the Services from your money market deposit or savings account is counted as one of the six or three limited transfers you're permitted each monthly cycle. However, payments to your loans at the Bank are not counted toward this limit. Transfers and withdrawals made in person, by messenger, by mail or at an ATM are unlimited. If a hold has been placed on deposits made to an account from which you wish to transfer funds, you cannot transfer the portion of the funds being held until the hold expires.

O. Confidentiality

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

  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.

P. Additional Disclosures

In addition to the above paragraph regarding confidentiality, you understand information about your accounts or the transfers you make may automatically be disclosed to others. For example, tax laws require disclosure to the government of the amount of interest you earn, and some transactions, such as large currency and foreign transactions, must be reported to the government. We may also provide information about your accounts to persons or companies we believe would use the information for reasonable purposes, such as when a prospective creditor seeks to verify information you may have given in a credit application or a merchant calls to verify a check you have written. In addition, we routinely inform credit bureaus when accounts are closed because they were not handled properly. We may also seek information about you from others, such as the credit bureau, in connection with the opening or maintaining of your account or in connection with approving your access to System. You agree and hereby authorize all of these transfers of information.

Q. Communications between the Bank and You

Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:

  1. E-mail -You can contact us by e-mail at contact@goldenvalley.bank (Please note that banking transactions through System are not made via e-mail.)
  2. Telephone - You can contact us by telephone at (530)894-1000
  3. Facsimile - You can contact us by fax at (530) 894-4938
  4. Postal Mail - You can write to us at:
    Golden Valley Bank
    190 Cohasset Road, Suite 170
    Chico, CA 95926
  5. In Person at:
    Golden Valley Bank
    190 Cohasset Road, Suite 170
    Chico, CA 95926

R. Contacting Bank Via E-Mail

You agree and acknowledge that e-mail is not secure method of communication. You should not send an electronic mail message if you need to communicate with us immediately. Do not use e-mail to send us banking instructions or to request Services provided through the System.

Do not send account information or transaction information via e-mail. If you e-mail us or ask us to reply to you via e-mail you agree to hold us harmless from any consequences, including financial loss, resulting from any unauthorized use or disclosure of your account or personal information resulting from e-mail. Also, if you send us an electronic e-mail, it will be deemed to have received it on the following business day. The Bank will have a reasonable time to act on your e-mail. We are not required to act on any e-mail received and we are not responsible for misdirected or lost e-mails.

S. Periodic Statements

You agree that to the extent permitted by law, receipts, notices and disclosures associated with System may be provided to you by e-mail, facsimile or over the Internet, either as part of a System session or otherwise. You will not receive a separate System statement; however your transactions involving transfers to or from you deposit accounts will be reflected on your monthly account statement. You may use the System to view activity in your account as indicated on the Internet Banking Enrollment Form. You agree to notify us of any changes to your mailing or e-mail address. If you do not notify us, you will hold us harmless from any consequences, including financial loss, resulting from your failure to notify us of the change in your mailing or e-mail address.

T. Consent to Electronic Delivery of Notices

You agree that any notice or other type of communication provided to you pursuant to the terms of this Agreement, and any future disclosures required by law, including electronic fund transfer disclosures, may be made electronically by posting the notice on the Bank System web site or by e-mail. You agree to notify us immediately of any change in your e-mail address.

U. Disclaimer of Warranty and Limitation of Liability

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, the existence of any latent or patent defects, viruses, or the accuracy or freedom from error, of the data or the program used by or furnished to Bank or to you by licenser or others, in connection with the System or Services provided to you under this Agreement. Without limiting the generality of the foregoing, the Bank makes no representation or warranty, express or implied, against any infringement of any proprietary rights of any other party. Customer assumes the entire risk as to the quality and performance of the Service, the suitability of the service, and with respect to any documentation. This paragraph shall survive the termination of this Agreement by either account holder or the Bank, and also limits the liability of any agent, employee or affiliate of the Bank. We do not and cannot warrant that System will operate without errors, or that any or all Services will be available and operational at all times.

Except as specifically provided in this Agreement, or otherwise required by law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under this Agreement or by reason of your use of or access to System, including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty. Further, in no event, unless specifically stated otherwise in this Agreement, shall the liability of Bank and its affiliates exceed the amounts paid by you for the services provided to you through System.

V. Severability

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.

W. Headings

The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions.

X. Waiver

Any waiver (express or implied) by either party of any default or breach of this Agreement must be in writing and shall not constitute a waiver of any other or subsequent default or breach.

Y. Assignment

You may not assign this Agreement. The Bank may assign this Agreement either in part or in whole at any time and with or without notice to you. This Agreement is binding upon your heirs and Bank's successors and assigns.

Z. Entire Agreement

This Agreement, (together with the Internet Banking Enrollment Form for business customers), constitutes the entire agreement between you and Bank with respect to the subject matter in this Agreement and there are no understandings or agreements relative to this Agreement which are not fully expressed in this Agreement.

AA. Change in Terms

Bank may from time to time and any time amend, modify, add or delete (collectively and individually a "change") the terms of this Agreement with or without notice unless prohibited by applicable law. A change may include a change to existing terms, a change in terms, a change that involves a new term or a change that involves conditions not otherwise contemplated by account holder or Bank at the time this Agreement is entered. If advance notice of the change is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, you agree that we may notify you of the change in terms by mail or by posting a notice on our website. Further you agree that your continued use of the Services constitutes your agreement to the change. If you wish to decline to be bound by the change, you must terminate the account or discontinue the System to which the change relates; otherwise you will be deemed to have accepted and agreed to the change.

BB. Termination

We reserve the right to terminate this Agreement or limit your use of System at any time and for any reason at our discretion reserve the right to cancel this Agreement at any time, with or without cause and without prior notice. Examples of when we may cancel this Agreement and the use of the Online Banking service without prior notice include, but are not limited to:

  1. If you breach this or any other agreement we may have with you
  2. If we have reason to believe that there has been or may be an unauthorized use of you User ID and Password or account(s)
  3. If there is conflicting claims as to the funds in any of your account(s)
  4. If you request us to do so
  5. If you do not access the System for a period of 90 days or longer
  6. If you have insufficient funds in any one of your Bank accounts
  7. If you do not designate a new Primary Account immediately after you or we close your Primary Account

You may cancel your System at any time by fax, e-mail, calling us at (530)894-1000, or by writing us at 190 Cohasset Road, Suite 170, Chico, CA 95926. Your access to System will be suspended within three business days of our receipt of your instructions to cancel the System. Termination will not affect your liability or obligations under this Agreement for transactions that have been processed on your behalf. You will remain responsible for all outstanding fees and charges incurred prior to the date of termination. Termination will apply only to the System and does not terminate your other relationships with us.

CC. Governing Law

This Agreement is governed by applicable federal laws and the laws of the State of California (except to the extent this Agreement can and does vary such rules or laws).

II. Terms and Conditions for Consumers Only

This Section II applies only to Consumer and Consumer Transactions.

A. Liability for Unauthorized Use

Tell us AT ONCE if you believe that your User User 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 line of credit if you have one).

If you tell us within two business days, you can lose no more $50.00 if someone used your User ID and Password without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your User ID and Password, and we can prove that we could have stopped someone from using the User ID and Password without your permission if you had told us, you could lose as much as $500.00.

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 hospital stay) kept you from telling us, we may extend the time periods.

B. Error Resolution

Telephone us at (530)894-1000 or write us at 190 Cohasset Road, Suite 170, Chico, CA 95926, 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 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 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 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.

For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.

We will tell you the results within three 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.

C. Preauthorized Payments

Right to stop payment and the procedure for doing so: If you have told us in advance to make regular preauthorized payments out of your account, you can stop any of these preauthorized payments. Here’s how: Call us at (530)894-1000 or write us at 190 Cohasset Road, Suite 170, Chico, CA 95926, in time for us to receive your request three 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 $20.00 for each stop payment order you give.

Liability for failure to stop payments of preauthorized transfers: If you order us to stop one of these payments 1 day or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages proximately caused by us.

Periodic statements: You will get a monthly account statement (unless there are no transfers in a particular month). In any case you will get a statement at least quarterly.

D. Financial Institution's Liability

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:

  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 (if any)
  3. If the System wasn’t working properly, and you knew about the breakdown when you started the transfer
  4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken
  5. If there are other exceptions stated in our agreement with you

E. Fees and Charges

You agree to pay the fees and charges for your use of System as we have established and may amend from time to time. These fees and charges will be in addition to any charges associated with the account you maintain with the Bank. Our schedule of fees for System is set forth in the Bank’s Schedule of Fees. You agree that all such fees and charges will be deducted from the Bank checking account designated in this Agreement. If you close your account, you must contact us immediately to designate another account. You agree to pay any additional reasonable charges for services you request, which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of System.

By clicking on the "I Accept", you acknowledge that you have read and understood this Agreement. If you do not agree, please click "I do not accept" and you will be redirected to Golden Valley Bank's home page.

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Mobile Banking

My GVB Mobile Banking Agreement

Introduction

The following Terms and Conditions (“Agreement”) apply to our Mobile Banking services MyGVB Mobile (defined below).

This agreement is a supplement to Golden Valley Bank’s Internet Banking Agreement. By accepting this Agreement and using MyGVB Mobile Banking, you agree to all the terms, conditions and notices contained in this Agreement and accept responsibility for your use of MyGVB Mobile Banking.  Please read this Agreement carefully before accepting.  We may amend these terms, and modify or cancel the mobile services and features we offer from time to time without notice, except as may be required by law.

We may offer additional mobile services and features in the future. Any such added mobile services and features will be governed by this Agreement and by any terms and conditions provided to you at the time the new mobile service or feature is added and/or at the time of enrollment for the feature or service if applicable.

Any deposit account accessed through this Service is also subject to the Deposit Account Terms and Conditions and Electronic Funds Transfer Disclosure (Account Disclosures) applicable to your account(s). You should review the Account Disclosures carefully, as they may include transaction limitations and fees which might apply to your use of MyGVB Mobile Banking.

Definition of Terms.   As used in this Agreement, the following words have the meanings given below:

“Account(s)” means your eligible Golden Valley Bank checking or savings account that can be accessed through MyGVB Mobile Banking.
“Available Balance” means the balance available at the time you make your request, which is the total balance less any amounts that are held (e.g. based on funds availability), pledged (e.g. as security for a loan), or otherwise subject to restraint (e.g. due to legal process or levy). All outstanding transactions or holds on your Account may not be included as of the time of your request.  Available Balance may not be the same as Collected Balance or Ledger Balance.  For balance definitions, see also the Account Disclosures.
“Balance” means your “Available Balance.”
“Device”means a supportable mobile device including a cellular phone or other mobile device that is web-enabled and/or capable of sending and receiving text messages.
"Mobile Banking" means the banking services accessible from the Device you have registered with us for MyGVB Mobile Banking.
"You" and "Your(s)," mean each person who applies to use the service and each person who uses the Service.
"We," "Us," "Golden Valley,” “GVB” and "Bank" means Golden Valley Bank.

Enrollment/Registration/Activation.  MyGVB Mobile Banking is offered as a convenience and a supplemental service to your banking with us including our Online Banking Services. It is not intended to replace access to Online Banking from your personal computer or other methods you use for managing your Accounts and services with us.

To enroll in MyGVB Mobile Banking, you must have at least one active Account in good standing.  You must have a Device to use with Mobile Banking.

You may enroll in MyGVB Mobile Banking from your personal computer and register your Device by following instructions on our Enrollment/Registration page at www.goldenvalleybank.com.  To register a Device, you must be the authorized user for the assigned number for the Device.  You agree to provide us with true, accurate, current and complete information during the enrollment/registration process.

Maintaining Your MyGVB Mobile Banking Profile.  Once you enroll and activate MyGVB Mobile Banking, you will have access to your Mobile Banking profile page (“profile page”) within Online Banking at www.goldenvalleybank.com. You agree to keep current any information about you and your Device on this profile page as long as you are enrolled in MyGVB Mobile Banking.

Mobile Banking Cancellation.  You may cancel Mobile Banking at any time on your profile page within Online Banking at www.goldenvalley.bank or by calling us at (530)894-1000.  You can cancel mobile text messaging by texting STOP to 31727.

Description of MyGVB Mobile Banking

Overview

MyGVB Mobile enables anyone with an online banking account to access their account information from a mobile device. MyGVB Mobile offers three ways to access your accounts:

  • Send a text message(s) using your mobile device
  • Use a mobile browser on your mobile device
  • Download an application to your mobile device

You can choose any or all of these options, depending on the capabilities of your mobile device.

SMS Text Messaging Service (31727)

Use the SMS text messaging service to:

  • Check account balances
  • Review recent account activity
  • Find ATM and branch locations

Requirements
To use the SMS text messaging service, your mobile device must send and receive text messages to and from a short code. Most mobile devices are capable of sending and receiving text messages, so your phone is most likely compatible with MyGVB Mobile. Please note that some mobile service carriers charge for outgoing text messages or for each message sent and received. Check with your cellular carrier for terms and fees.

Mobile Browser Service

Use the mobile browser service to:

  • Check account balances
  • Review recent account activity
  • Transfer money between accounts
  • Find ATM and branch locations

Requirements
To use the mobile browser service, your mobile device must have an Internet browser and may require a data service plan. You access the MyGVB Mobile website using the link sent by SMS text message during the enrollment process. Check with your cellular carrier for terms and fees.

Downloadable Application Service

Use the downloadable application service to:

  • Check account balances
  • Review recent account activity
  • Transfer money between accounts
  • Find ATM and branch locations.

Requirements
To use the MyGVB Mobile downloadable application, your mobile device must have an operating system that supports application downloads and may require a data service plan. You download the MyGVB Mobile application using the link sent by SMS text message during the enrollment process.

We may also limit the types and number of Accounts eligible for MyGVB Mobile Banking. Mobile Banking may not be supportable for all devices or for all carriers at all times.  GVB cannot guarantee the availability of underlying data services provided by your mobile carrier, i.e. we are not responsible for carrier data delays, outages and/or “out of range” issues.

Specific information concerning the methods and account services currently offered are provided to you at www.goldenvalleybank.com at any time prior to or after you sign up for Mobile Banking. 

Description of MyGVB Mobile Banking Commands.  Listed below are the MyGVB Mobile commands available for your use with SMS Text Message Service. We may change these commands from time to time. The most current list of commands is available at www.goldenvalley.bank or by texting HELP or HLP to 31727.

"B", "BAL", "BALANCE" or "BALANCES”:  You may view the Available Balance of your Account at the time of your request.

"STMT", "TRAN" or "HIST":  You may view your most recent transaction history in up to 5 transactions for each Account designated by you.  You may view your transaction history in increments of 10 transactions for each Account designated by you.  Not all pending transactions (e.g. pending debit card transactions, deposits, holds, and legal holds) are displayed.   We may change the length of time that transaction history is available without prior notice.  Transaction history on MyGVB Mobile Banking does not replace the periodic statements for your Account. 

“HELP” or “HLP”: Request basic customer support for Mobile Banking.

“STOP”: You may cancel Mobile Banking at any time by sending a text request with the STOP command from your registered Device.  If you have registered more than one Device for Mobile Banking, using the STOP command will cancel Mobile Banking only on the device from which you send the STOP command.

"ATM" plus the ZIP code, city or state for the ATM:  to locate ATM.

"BRANCH" plus the ZIP code, city or state for the branch: to locate a branch.

"BOTH" plus the ZIP code, city or state for the branch: to locate ATM’s and branches.

Mobile Deposit Terms and Conditions provide the general rules that apply to Customer's use of Golden Valley Bank's MyGVB Mobile Deposit for remote deposit capture services.

Mobile Deposit Description

The remote deposit capture service ("Mobile Deposit" or "Service") is designed to allow you to make deposits to your checking, money market checking or savings accounts from your camera-enabled mobile device capable of capturing check images and information and electronically delivering the items and associated deposit information to the Bank or the Bank's designated processor. The device must capture an image of the front and back of each check to be deposited in accordance with the Procedures; must read and capture the magnetic ink character recognition ("MICR") line on each check; and must read and capture all such other data and information as is required by this Agreement or Federal Reserve regulations for the processing of these checks for payment.

Customer agrees that the remote deposit capture services using Mobile Deposit shall be governed by these terms and conditions and other relevant terms of the agreement(s) governing the deposit account into which checks are deposited ((including, but not limited to, Golden Valley Bank's Mobile Banking Agreement & Disclosure, Deposit Account Terms and Conditions, Electronic Funds Transfer Disclosure, Fee Schedule, Funds Availability, and Truth in Savings disclosures, (Account Disclosures) as applicable)), and that Bank may change the terms and conditions for Mobile Deposit at any time.

Mobile Deposit Conditions and Requirements

In order to enroll in the Service, you must be designated as an authorized signer or owner of a Golden Valley Bank Account (the "Account") that is eligible for this Service, and be enrolled in MyGVB Mobile. As conditions to Bank's provision of the Service, you shall (a) maintain the Account in good standing and (b) comply with such restrictions on the Service as we may communicate to you from time to time.

Customer shall at all times maintain an account with Golden Valley Bank. As part of Mobile Deposit, the Bank reserves the right to periodically audit Customer's remote deposit capture, security, and information technology processes, and to require Customer to implement reasonable and necessary controls, subject to the Bank's sole discretion.

Hardware and Software requirements for Mobile Deposit

You must have a Mobile Device that is acceptable to us and a wireless plan from a compatible mobile wireless provider. You must also use the operating system(s) and software that satisfies all technical specifications and other requirements that we and/or our service provider(s) establish and specify. We and/or our service provider(s) may change these specifications and/or requirements from time to time.  The Bank is not responsible for any third party software you may need to use the Services. You agree that you will perform, or cause to be performed by properly trained personnel, all vendor recommended maintenance, repairs, upgrades and replacements.     Unless otherwise provided in this Agreement, you are solely responsible, at your own expense, for purchasing, installing, operating, testing and maintaining all hardware and software necessary to use the Service. You must install and test your Mobile Device, your system, and any other required hardware and software before you make your first deposit through the Service. You accept any such software "as is" and subject to the terms and conditions of the software agreement that you enter into directly with the third party software provider at the time of download and installation.   We are not responsible for, and you release us from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using the Service, e-mail or the Internet.  You agree that all images and files transmitted to us through the Service will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.

Deposit Limits

The Bank reserves the right to establish and assign to you deposit limits for the Service (including limits on the dollar amount and/or number of Checks that you may transmit through the Service each day) and to modify such limits from time to time in the Bank's sole discretion, and you agree to comply with all such limits. Our current daily per item limits for Business Mobile App users is $10,000 per day. The deposit limit is $10,000 per day. Our current daily per item limits for Personal Mobile App users is $5,000 per day. The deposit limit is $5,000 per day. 

Deposit Processing

Customer shall upload the Electronic Deposit transmission to Golden Valley Bank prior to the daily 7 PM PST cut-off time established for the receipt of Electronic Deposits. Any Electronic Deposit transmission received by the Bank after its daily 7 PPM PST cut-off time shall be deemed to have been received at the opening of the next banking day. Performance of the Electronic Deposit Services may be affected by external factors such as communication networks latency. Customer is responsible for the transmission of the Electronic Deposit until the Remote Deposit Capture System reports a successful acknowledgment of receipt of the transmission.

Golden Valley Bank shall not be liable to Customer for failure to process an Electronic Deposit, or any error that results in processing or collecting an Electronic Deposit: (i) for which Customer has not provided the Bank with full and correct MICR Data and dollar amount from the original paper check; (ii) for which Customer has not provided an accurate and legible image of the original paper check, (iii) for which Customer has failed to comply with formatting standards or other guidelines required by the Bank; or (iv) which would violate this Agreement or any other agreement between Customer and Golden Valley Bank.

Fees and Charges for Mobile Deposit

The Bank offers the benefits and convenience of the Services to you free. The Bank reserves the right to charge fees for the Services in the future.

Eligible Deposit Items

Only a draft, payable on demand, and drawn on or payable through or at an office of a bank, is eligible for deposit as a Check Image. Without limiting the generality of the preceding sentence, the following items are not eligible for deposit as Check Images under Mobile Deposit, and Customer must deposit these original paper checks with Golden Valley Bank for collection: (i)  U.S. Treasury Checks,  (ii) checks, including travelers checks, that are drawn on banks located outside of the United States, (iii) checks payable in a medium other than U.S. dollars, (iv) non-cash items (as defined under Section 229.2(u) of Federal Reserve's Regulation CC), (v) promissory notes and similar obligations, such as savings bonds, (vi) third party checks, (vii) Substitute Checks, (viii) items drawn off of the Customer's Golden Valley Bank account, and (ix) any other class of checks or drafts as identified by the Bank to Customer from time to time.

Endorsements and Procedures

You agree to restrictively endorse any item transmitted through the Services as "FOR MOBILE DEPOSIT ONLY, (bank name)   account #         " or as otherwise instructed by the Bank. You agree to follow any and all other procedures and instructions for use of the Services as the Bank may establish from time to time. Endorsements must be made on the back of the check. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility. For a check payable to you and any joint owner(s) of your Bank account, the check must be endorsed by all such payees and you may only use Mobile Deposit to deposit such check into a Bank account jointly owned by all such payees. If the check is payable to you or your joint owner, either of you can endorse it. If the check is made payable to you and any non-joint owner, you may not deposit the check into your Bank account using the Services.

Check requirements (including image quality)

The image of an item transmitted to the Bank using the Services must be legible and contain images of the front and back of the Check. The image quality of the items must comply with the requirements established from time to time by the American National Standards  Institute ("ANSI"), the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. These requirements include, but are not limited to, ensuring the following information can clearly be read and understood by sight review of the Check image: the amount of the Check (both written and numeric); the payee; the signature of the drawer (maker); the date; the Check number; the information identifying the drawer and the paying financial institution that is preprinted on the Check including the MICR line; and all other information placed on the Check prior to the time of an image of the Check is captured (such as any required identification written on the front of the Check and any endorsements applied to the back of the Check). Customer acknowledges that current image technology may not capture all security features (e.g. watermarks) contained in the original paper checks, and agrees to assume any and all losses resulting from claims based on security features that do not survive the image process.

Collection of Check Images

Notwithstanding anything to the contrary in this Agreement, the Bank may in its sole discretion determine the manner in which the Bank will seek to collect a Check Image deposited by Customer. Without limiting the generality of the preceding sentence, the Bank may, at its option: (i) present or transfer the Check Image to the paying bank, a Federal Reserve Bank, image share/exchange network, or other collecting bank; (ii) create a Substitute Check from the Check Image and collect the Substitute Check; or (iii) request that Customer provide to the Bank the original paper check from which the Check Image was created and then collect the original paper check.

Rejection of deposits

After we receive Check images and all other required deposit information from you through the Service, we shall provisionally credit your designated account for the total amount of such Checks.  The provisional credit is subject to final payment of the Checks and is also subject to your Account Agreement.     You agree that all deposits received by us are subject to verification and final inspection and may be rejected by us in our sole discretion, and you shall be liable to the Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against the Bank relating to such deposits.  The Bank is not liable for any service or late charges that may be imposed against you due to the Bank's rejection of any Check that you transmit for deposit through the Service. In all cases, you are responsible for any loss or overdraft plus any applicable fees to your account due to a Check being returned. You acknowledge and agree that, while we normally provide notice of rejected deposits, we may reject any Check transmitted through the Service in our sole discretion without notice to you, and we will not be liable for any such rejection or failure to notify you of such rejection.  If we reject a Check for remote deposit, you must physically deposit the original Check.

Golden Valley Bank reserves the right to reject any deposit (as an Electronic Deposit or otherwise) for any reason.  Golden Valley Bank will notify the Customer of the rejection of any deposit.

Returns

Customer agrees that the Bank may charge the account of Customer for any and all returned items, including a returned Check Image.

Re-presentment of Returns

In the event Golden Valley Bank, in its sole discretion, determines that it requires the original paper check for re-presentment in order to collect a returned Check Image, Customer shall be responsible for providing to the Bank the original paper check, or if the original paper check has been destroyed, for obtaining a replacement check.

Unpaid checks

You are solely responsible for verifying that Checks that you deposit by using the Service have been received and accepted for deposit by the Bank.  The Bank will provide you with notice of any deposits that it is unable to process because Checks were returned unpaid by the payor financial institution. You agree to accept such notices at your e-mail address on file with us, but we may choose any reasonable method for providing such notices to you.   In the event that the Bank credits your account for a Check that is subsequently dishonored and returned, you authorize the Bank to debit the amount of such Check plus any associated fees from the account. To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any of your other account(s) with the Bank in our sole discretion. Our right to charge your account(s) will apply without regard to whether the Check was timely returned or whether there is any other claim or defense that the Check was improperly returned.   You understand and agree, that since the original Check is your property, it will not be returned and the Bank may charge back an image of the Check, an ACH debit, or other electronic or paper debit, as applicable, to your account.   You further agree that any image that we charge back may be in the form of an electronic or paper reproduction of the original Check or a substitute check.   You may not use the Service to deposit a substitute check and you may not deposit the original Check through the Service or in any other manner if you receive a dishonored Check.  You agree to comply with any additional instructions we may provide to you in connection with returned Checks.

Availability of Service/Contingency

In the event you are unable to capture, balance, process, produce or transmit a file to the Bank, or otherwise comply with the terms or the Procedures for any reason, including but not limited to, communications, equipment or software outages, interruptions or failures, you will transport or mail the originals of all checks to the Bank. The deposit of original checks at the Bank shall be governed by the terms and conditions of the Deposit Account Agreement and not by the terms of this Agreement.

Storage, security and destruction/disposal deposited checks

The bank will not notify you once a deposit has been accepted. It is your responsibility to verify your deposit has been accepted by reviewing your account history through any available channel (mobile banking, online banking, etc.) After you verify your deposit has been accepted, you must securely store the original Check for 14 days after transmission to us and make the original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two Business Days, at your expense, the requested original Check in your possession. If not provided in a timely manner, such amount will be reversed from your account. To mitigate against potential fraud or the presentment of duplicate items, Customer agrees to clearly mark on the original paper check that the item has been deposited electronically, after successfully capturing the Check Image and receiving confirmation that the item was received and accepted for deposit by the Bank. Promptly after the 14-day retention period expires, you must destroy the original Check by first marking it "VOID" and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of the original Check, the image will be the sole evidence of the original Check. You agree that you will never re- present the original Check. You understand that you are responsible if anyone is asked to make a payment based on an original check that has already been paid.

Presenting checks more than once

Once you have used the Service to deposit a Check you agree not to present, or allow anyone else to present, that original Check or a substitute check of that original Check again for deposit through the Service or by any other means. If you or anyone else present a Check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend and hold the Bank harmless from and against all liability and damages that may result from any claims, suits or demands from third parties with respect to such Check or substitute check.  You agree that we may debit from your Bank account the aggregate amount of any Checks that are deposited more than once.  To the extent that funds in your account are insufficient to cover such amount, we shall debit the deficiency amount from any other of your account(s) with the Bank in our sole discretion. Presentment of checks more than once will result in a termination of your mobile deposit access and MyGVB Mobile

Representations and Warranties for Deposited Checks

With respect to each Check Image or Electronic Deposit that Customer transmits to the Bank, Customer is deemed to make any representation or warranty that would have applied had Customer deposited the original paper check.  In addition Customer is deemed to make to the Bank any representation or warranty that the Bank makes, under applicable law, clearinghouse rule, Federal Reserve Operating Circular, bi-lateral agreement or otherwise, to any person (including without limitation a collecting  Golden Valley Bank, a Federal Reserve Bank, a Receiving Depository Financial Institution, a paying bank, a returning bank, the drawee, the drawer, any endorser, or any other transferee) when the Bank transfers, presents or originates the Electronic Deposit or Check Image, or a Substitute Check created from that Check Image.  These representations and warranties include but are not limited to, that: (a) the transmissions contain accurate images of the front and back of the original checks; (b) the transmissions contain all necessary endorsements up until the original checks are imaged; and (c) no depository bank, drawee, drawer, or endorser will be asked to make a payment based on an item that it has already paid.

With respect to each Check Image or Electronic Deposit that Customer transmits to Golden Valley Bank, Customer shall indemnify and hold Golden Valley Bank harmless from and against any and all claims, demands, damages, losses, liabilities, penalties and expenses (including, without limitation, reasonable attorney fees and court costs at trial or on appeal) arising directly or indirectly: (a) from Customer's breach of a representation or warranty as set forth in section 12 above, (b) as a result of any act or omission of Customer in the capturing, creation or transmission of the Check Image or Electronic Deposit, including without limitation the encoding of the MICR Data from the original paper check; (c) from any duplicate, fraudulent or unauthorized check, Check Image or Substitute Check; or (d) for any loss caused by the Bank's acceptance or creation of a Check Image instead of presentment of the original paper check; or (e) from any other act or omission arising out of the Bank's action or inaction taken pursuant to any request by Customer or pursuant to this Agreement.

Electronic Communications Consent.  By accepting this Agreement and using MyGVB Mobile Banking, you agree to receive Electronic Communications (including notices and disclosures required by law or regulation) about Mobile Banking services via your Device and/or at www.goldenvalleybank.com.  To receive an Electronic Communication from us, your Device must be web-enabled and/or capable of receiving text messages.  If an Electronic Communication is required by law or regulation, we will provide the Electronic Communication via your Device and in addition, at www.goldenvalleybank.com in a form which you can print and retain for your records. If you want a paper version of any Electronic Communication or to withdraw your consent to receive Electronic Communications about Mobile Banking services, you may call the customer service number in the Notices/Contact Information section below; you will not be charged a fee for the paper version.  If you withdraw your consent to receive Electronic Communications, we may terminate your MyGVB Mobile Banking service.

Your Mobile Banking Responsibilities.  In addition to the terms and conditions in other sections of this Agreement and your Responsibilities in the Electronic Funds Transfers Provisions section below:

You agree to monitor your Account and important Account information through your Online Banking Service, periodic statements for your Account, if applicable and important notices about your Account delivered by us electronically or by mail, in addition to any services or information you may receive through MyGVB Mobile Banking.  You agree to keep informed of any changes to MyGVB Mobile Banking by regularly visiting your profile page and our web site at www.goldenvalleybank.com.

You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using MyGVB Mobile Banking. You agree not to leave your Device unattended while logged into MyGVB Mobile Banking and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you do, we will not be liable for any damage resulting to you.  You agree not to use any personally identifiable information when creating shortcuts to your Account.  

You agree to notify us immediately if you lose, or change or cancel the number of your registered Device.

If you believe that someone may have unauthorized access to your Mobile Banking, you agree to cancel your Mobile Banking associated with the Device immediately.

You agree to comply with all applicable laws, rules and regulations in connection with MyGVB Mobile Banking.  We make no representation that any content or use of MyGVB Mobile Banking is available for use in locations outside of the United States.  Accessing Mobile Banking from locations outside of the United States is at your own risk, and you are responsible for compliance with local laws.

Electronic Transfers Provisions.

A.  Permitted MyGVB Mobile Banking Transfers.   

You may use MyGVB Mobile to transfer funds between your eligible GVB Accounts (“Internal Transfer”).  Currently, you may not transfer to or from an Account at another financial institution.

To request a transfer, select transfer funds via mobile web and follow the instructions provided on your mobile Device. If you submit your transfer request prior to the transfer deadline established by the Bank from time to time for Mobile Banking transfer service  ("Mobile Transfer Cutoff Time"), you will initiate an immediate Internal Transfer via Mobile Banking.  Mobile Transfer Cutoff Time may be different than other transfer cutoff times. Transfer requests after the Mobile Transfer Cutoff Time are treated as made the next Business Day.

You must have sufficient funds available in the selected Account at the time the transfer request is received.

Each Transfer from a savings or money market Account using Mobile Banking is counted as one of the six limited transactions permitted each monthly statement cycle period, as described in the Account Disclosures. You may be subject to fees if you exceed the transaction limits of your Account using Mobile Banking.  Please see the Truth in Savings Disclosure applicable to your Account for more information. We may also limit the type, frequency and amount of transfers for security purposes and may change or impose the limits without notice, at our option.

You agree to confirm the completion of each transfer in your Account balance and transaction history before withdrawing the transferred funds.  You may also call us at the customer service number in the Notices/Contact Information section below or on your statement to confirm any transfer,

B.  Electronic Fund Transfer Provisions & Liability for Unauthorized EFTs (Electronic Funds Transfers).

This agreement is in addition to the banks Electronic Funds Transfer disclosure for your applicable account type. For limits and liability for unauthorized transactions, please refer to the Banks Electronic Funds Transfer Disclosure and the reverse side of your monthly account statement.

Periodic Statements.  You will receive a period account statement as described in your Account Disclosures.

Disclosure of Account Information.  We will disclose information to third parties about your Account or the transactions you make: as outlined in the Golden Valley Bank Privacy Policy, located at www.goldenvalley.bank or by request.

Notices/Contact Information.  We will notify you of any changes, fees, or other information about MyGVB Mobile Banking, if required by law, via your Device, and at www.goldenvalleybank.com.  Notices required to be given by us under this Agreement or by law may be sent electronically or in writing mailed to you at the mailing address set forth in the enrollment form.

Our Limited Liability for Use of MyGVB Mobile Banking.  This agreement is in addition to the banks Internet Banking Agreement. The Mobile Banking services are provided to you on an “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT YOU WILL HAVE CONTINUOUS OR UNINTERRUPTED ACCESS TO MOBILE BANKING OR ITS CONTENT OR FUNCTIONS, OR THAT SUCH FUNCTIONS WILL BE ERROR-FREE OR ANY ADVERTISEMENTS, OR WEBSITES IN CONNECTION WITH THAT SERVICE, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NON-PERFORMANCE OF MOBILE BANKING (INCLUDING ANY SOFTWARE OR THEIR MATERIALS SUPPLIED IN CONNECTION WITH MOBILE BANKING) SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO PERFORM AN ADJUSTMENT OR REPAIR OF THE MOBILE BANKING SERVICE.  Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.  You may also have other legal rights, which vary by state. In addition, see the Banks Electronic Funds Transfer Disclosure for limits of liability provisions for transfers made using Mobile Banking, which section applies only to the extent not consistent with this limitation of liability provision.

IN NO EVENT WILL GOLDEN VALLEY BANK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE OF GOODS OR MOBILE BANKING), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MOBILE BANKING.

Indemnification.   You agree to indemnify, defend, and hold Golden Valley Bank and its affiliates, officers, directors, employees, consultants, agents, Mobile service providers, and licensors harmless from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from (a) a third party claim, dispute, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or otherwise in connection with the service; (b) your violation of any law or rights of a third party; or (c) your use, or use by a third party, of Mobile Banking.

Availability of Service/Contingency:

Golden Valley Bank will use reasonable efforts to provide MyGVB Mobile Banking services in a prompt fashion, but shall not be liable for temporary failure to provide MyGVB Mobile Banking services in a timely manner. In such event, Customer shall be responsible for carrying out banking business through alternative channels. The Bank shall not be liable for any inaccurate or incomplete information with respect to transactions which have not been completely processed or posted to the Bank’s deposit or payments system prior to being made available pursuant to the MyGVB Mobile Banking and Deposit Remote Deposit Capture System. Information with respect to all transactions is provided solely for Customer’s convenience, and Customer shall have no recourse to the Bank as to use of such information.

Entire Agreement.  This Agreement, as it may be amended from time to time, together with any other disclosures or documents provided to you about your Mobile Banking services and Accounts, contains the entire agreement between you and supersedes any other or oral communications and previous agreements, if any, with regard to Mobile Banking. 

Governing Law.  Any Account will continue to be governed by the laws described in the Account Agreement. This Agreement will be construed and interpreted in accordance with federal law applicable to Mobile Banking and to the extent not superseded by federal law, the laws of the state of California without regard to conflict-of-law rules.   

 

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