Business eStatement Disclosure

Business eStatements

This statement (the “E-SIGN Consent”) asks for your consent so that we may provide certain communications and information to you in electronic format rather than in paper form.  We will sometimes use the words “electronic records” as a short way to refer to the communications and information that we may provide electronically.  Before you decide whether or not you wish to give your consent to receiving electronic records, you should read and consider the following information contained in this E-SIGN Consent.

If you decide to consent, you can click the “I Agree” button at the bottom of this E-SIGN Consent.  By agreeing to this E-SIGN Consent you accept all the terms and conditions contained herein.  If there is more than one party to the account, this E-SIGN Consent is effective for all parties.  For your consent to be effective, your computer and browser will need to meet the hardware and software requirements discussed below.

This E-SIGN Consent contains important information that we are required by law to provide to you.  You should keep a copy of this E-SIGN Consent for your records.  If you have any questions about electronic records that are not answered in this document, feel free to communicate with us using any of the following methods:

           Send us an email at: customer.service@communitywestbank.com; or

            Call us at: 1-800-298-1775

            Write to us at:  Customer Support 7100 N. Financial Dr, Suite 101

                                   Fresno, CA  93720

Definitions

“We”, “Our”, “Us”, or “Community West Bank” means Community West Bank “You” and “Your” refer to the account owner(s) authorized by Community West Bank to receive e-statements and/or e-disclosures under this E-SIGN Consent.

“Account” or “Accounts” means your accounts at Community West Bank.

“Business days” means any calendar day other than Saturday, Sunday, or any holidays recognized by Community West Bank.

What records will be provided to me electronically?

If you consent, you will receive electronic records that relate to our Online Banking Services.  These will include the following types of documents:

• Your Monthly Account Statements.  As part of the monthly account statement, you will receive information about your account, including disclosure information required under these same federal laws and regulations.
• Other Periodic or Special Notices.  These include special notices that federal laws and regulations from time to time might require us to provide to you.
• Privacy Notices and Disclosures.  These notices provide you with information about our privacy practices and policies.
• Updated Fee Schedules.  These notices provide you with information about updated fees.

How will the electronic records be provided to me?

Your monthly statement contains confidential information, so they will be stored for you at our secured
location.  We will send you an e-mail when a monthly/quarterly statement is first made available to you, provided you have supplied us with your current e-mail address and keep it current at all times; otherwise you will not receive notification when your e-statement is available.

The e-mail notification that we send to you will let you know your statement is available to obtain, review, print or otherwise copy/download. The monthly/quarterly statement will be available to you for at least 18 months following the date it is first posted for review or the date we send the e-mail to you, whichever is later.   

Other periodic or special notices may be provided to you at the time you access your e-statements. 

Can I get a copy of the records in non-electronic form if a special need arises?

Yes, you can.  If you request a copy, we can prepare a paper-based version of any of the electronic records you receive for up to five years after the date it was created.  If you want us to prepare a paper-based copy, you can request it by contacting us using one of the communication methods above.  Certain fees may apply, please refer to your Terms and Conditions agreement and Schedule of Fees.

May I choose to receive paper-based documents in the future?

You may change your mind and withdraw your consent at any time.  We will then stop providing records to you electronically.  To withdraw your consent, all you need to do is contact us using one of the communication methods above.

What if I find an error on my e-statement?

If you find an error on any of your electronic records, you must notify us in writing within the applicable time period specified in your Account Agreement and Disclosure of any error, unauthorized signature, lack of signature, alteration or other irregularity.  If you allow someone else to access/review your statement, you are still fully responsible to access/review the statement for any errors, unauthorized signatures, lack of signatures, alterations or other irregularities. 

Any applicable time periods within which you must notify us of any errors on your account statement(s) shall begin on the date your statement is made available to you, regardless of when you receive and/or open your e-statement.

Are there any hardware or software requirements for me to
access or retain the electronic records?

Yes. You will need a computer with sufficient memory to store electronic records, and with a working connection to the internet.  You will need a personal computer, Internet Service through the provider of your choice, and a compatible web browser with 128-bit data encryption.  You may download a compatible web browser free at: Microsoft Internet Explorer® or Netscape Navigator®.  You must also have Adobe Acrobat Reader. 

To download a free copy of Adobe Acrobat Reader, please go to http://www.adobe.com.  Your browser will need to have 128-bit encryption capabilities. You are responsible for configuring your system to accommodate these requirements.  You will need a printer, if you want to print copies of electronic records.

By agreeing to this E-SIGN Consent, you also agree to provide us with your current e-mail address and keep it current with us at all times; otherwise, you will not receive a notification e-mail when your e-statement is available.  You also agree to keep your Community West Bank Online Banking account active at all times;
otherwise, you will not be able to use Community West Bank Online Banking to access your e-statements.  

If your Community West Bank Online Banking account is deactivated (for example, as a result of your inactivity), you agree that we may provide you with access to e-statements by sending you an email which contains a direct URL to a secure site that will contain your e-statements, consistent with this E-SIGN Consent.

Regardless of whether we have a current e-mail address for you, or if your Community West Bank Online Banking account is active, you agree that we have still made your e-statements available to
you.  If you need to update your e-mail address or re-activate your Community West Bank Online Banking account, you may contact us by using one of the communication methods above.  As described above, you may also contact us using one of these communication methods to obtain paper statements.

Are there other special requirements for electronic records?

Yes. You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-statements or other documents for each of your Community West Bank accounts as soon you receive/access it.  You agree to protect the confidentiality of your account and account number and your user ID and password.  You understand that your user ID and password by itself or together with information related to your account, may allow unauthorized access to your account. 

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 the Internet, or e-mail transmitted to and from us, will not be monitored or read by others. 

Your logon password is confidential information that should be known only by you. Community West Bank will not, for any reason, ask you for your logon password.  If anyone contacts you and requests this information, contact us immediately.  You are responsible for keeping your logon password confidential.   

Can these terms change at any time?

Yes, subject to applicable law, we may change any term of this agreement at any time.  If the change would result in increased fees for any bank service, or increased liability for you, we agree to give you
notice at least 30 days before the effective date of any such change, unless immediate change is necessary to maintain the security of an account or our electronic fund transfer system.  We will
provide any required notice of the change in terms to you when you access your e-statements or by postal mail. 

If advance notice is not required, and disclosure does not jeopardize the security of the account or our electronic fund transfer system, we will notify you of the change in terms within 30 days after the change becomes effective.  If there is more than one party on the account, notice to any one-account owner will be effective for all. 

We reserve the right to waive, reduce or reverse charges or fees in individual situations.  You acknowledge and agree that the applicable deposit agreements and disclosures govern changes to fees applicable to specific accounts.

Are there any warranties or liabilities included with this
agreement?

No, we make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the e-statement, disclosures or records provided to you under this agreement.  We do not and cannot warrant that e-statements will operate without error, or that e-statements will be available 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 e-statements, 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 or any other legal theory. 

Further, in no event shall the liability of Community West Bank and its affiliates exceed the amounts paid by you for the services provided to you through e-statements.