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Online Banking Demonstration Request
Step 1 of 3 - Terms and conditions

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Online Banking terms and conditions
Terms and Conditions
CapitalMark Bank & Trust Online Banking Agreement The first time you access your accounts through CapitalMark Bank & Trust’s Online Banking, you agree to be bound by the terms and conditions of this Online Banking Agreement (“Agreement”) and acknowledge its receipt and your understanding of its terms. Introduction This Agreement explains the terms and conditions for accessing accounts and conducting transactions at CapitalMark Bank & Trust (“CapitalMark”, “Institution”, “we”, “us”, “our”) via our Online Banking site (“Online Banking”). As used in this Agreement, the terms “customer”, “you” and “your” refer to each person signing a CapitalMark Bank & Trust Online Banking Application. Benefits of Online Banking Through Online Banking you can manage eligible accounts from your home or office on a personal computer. Online Banking can be used to conduct any of the following “Online Financial Services”: • Obtain balances and transaction histories on all accounts enrolled in Online Banking. *All account balances reflect activity through close of previous banking day. • Transfer money between eligible accounts. *Number may be limited as described in applicable account agreement. If a hold has been placed on an account, you may not transfer the portion of funds held until the hold expires. • Pay bills to any merchant, financial institution, or an individual with a U. S. address. *User must sign agreement for bill pay. The bill pay service must be used within a 60 day time frame or service will be cancelled. • Institution may from time to time introduce new Online Financial Services. *By using those services when they become available, you agree to be bound by the terms contained in this Agreement, and its subsequent amendments. Security & Protection of Your Account We are strongly committed to protecting the security and confidentiality of all customer account information. We use several measures to help secure our Online Banking service, including the following: • You can only access Institution with certain browsers that have a high security standard. • Your account numbers are never displayed in full-only the last 4 digits can be viewed. • You must have a valid Online Banking User ID and password to logon. • If no action is taken for 15 minutes, you will be automatically logged off the Online Banking service. Requirements To access Online Financial Services you must have an updated internet browser, such as Microsoft Internet Explorer 9.0, Mozilla Firefox 4, Google Chrome 17, Apple Safari 5, or one generation prior to these applications. Password Your password will give you access to Institution accounts via Online Banking. Institution is entitled to act on any instructions it receives using your password. For security purposes, it is recommended that you memorize your password and do not write it down. We also recommend that you change your password regularly to try and avoid misappropriation by a third party. Your password can be changed at our Online Banking site. You are responsible for keeping your password and account data confidential. When you give someone your password, you are authorizing that person to use Online Banking and the Online Financial Services. You are responsible for all transactions performed using your password, even if you did not intend or authorize them. In addition, fraudulent transactions initiated using your password will be charged against your account(s). Accessibility You can usually access Online Financial Services seven (7) days a week, twenty-four (24) hours a day. However, at certain times, some or all of Online Banking or Online Financial Services may not be available due to system maintenance or reasons beyond Institution’s control. Institution does not warrant that Online Banking or Online Financial Services will be available at all times. When unavailable, you may use an automated teller machine (ATM) or call CapitalMark to conduct your transactions. An Online Financial Service transfer between accounts initiated prior to 9PM (Eastern Time) on a banking day is posted to your account the same day. All transfers completed after 9PM (Eastern Time), or on a non-banking day, will be posted the following banking day. Fees and Charges There is currently no charge for the use of the Online Financial Services. Restrictions You may not appropriate any information or material that violates any copyright, trademark or other proprietary or intellectual property rights of any person or entity while using the Online Banking or Online Financial Services. You may not gain, or attempt to gain access to any Online Banking and/or Online Financial Services server, network, or data not specifically permitted to you by Institution or its suppliers, and you must not include any obscene, libelous, scandalous, or defamatory content in any communications with Institution or its suppliers. Accessing the Service When you complete your internet banking enrollment form, you will be given an opportunity to request a User ID and password. You will use the User ID and password to access both the Online Banking product and the Bill Pay product. Liability You are solely responsible for controlling the safekeeping of and access to, your password. You are liable for all transactions you make or that you authorize through another person even if that person exceeds his or her authority. If you want to terminate another person’s authority, you must notify Institution and arrange to change your password. You will be responsible for any Bill Payment request you make that contains an error or is a duplicate of another bill payment. The Institution is not responsible for a bill payment that is not made if you did not properly follow the instructions for making the bill payment. The Institution is not liable for any failure to make a bill payment if you fail to promptly notify Institution after you learn that you have not received credit from a merchant for bill payment. The Institution is not responsible for your acts or omissions or those of any other person, including, without limitation, any transmission or communications facility, and no such party shall be deemed to be the Institution’s agent. In any event, the Institution will not be liable for any special, consequential, incidental, or punitive losses, damages, or expenses in connection with this Agreement or the Service, even if the Institution has knowledge of the possibility of them. The Institution is not liable for any act, failure to act or delay in acting if it is caused, in whole or in part, by any cause beyond the Institution’s reasonable control. Amendment and Termination The Institution has the right to change this Agreement at any time by notice mailed to you at the last address shown for the account on the Institution’s records, by posting notice in branches of the Institution, or as otherwise permitted by law. The Institution has the right to terminate this Agreement at any time. You may terminate this Agreement by written notice to the Institution. The Institution is not responsible for any fixed payment made before the Institution has a reasonable opportunity to act on your termination notice. You remain obligated for any payments made by the Institution on your behalf. Institution has the right to cancel bill payment service you may have if this service has not been activated or used even one time during a 60 day time period. We may reinstate service upon our discretion. The Institution reserves the right to charge you for research time involving payments no longer available in your screen history. You will be informed before any such charges are incurred. Unauthorized Transactions You should notify us immediately if you believe anyone has improperly obtained your password or if you suspect any fraudulent activity in your account(s). If your password has been compromised and you tell us within two (2) business days of discovering the loss or misappropriation, you can lose no more than $50. If you do not tell us within the two (2) business day period, you could lose as much as $500 if we could have stopped the use of your accounts had we received notice in a timely manner. You should contact us, or the bill payment provider, as applicable, as soon as you identify any errors or discrepancies in your statement or transaction record, or if you need any information about a transaction listed on the statement or transaction record. We must hear from you no later than sixty (60) days after we have sent the first statement on which the problem or error appeared (if you notify us verbally, we may require that you send us your complaint or question in writing or electronically within ten (10) business days). If you fail to notify us 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 at our discretion. When you report a problem or discrepancy, please: (i) tell us your name and account number; (ii) describe the error or the transaction you are unsure about, and explain why you believe it is in error or what additional information you need; (iii) tell us the dollar amount of any suspected error; and (iv) for a bill payment, tell us the number of the account used to pay the bill, the applicable payee name and account number, the date the payment was sent, the payment amount and the payment reference number. We will tell you the results of our investigation within ten (10) business days, or twenty (20) business days in the case of point of sale or international transactions, after we hear from you. However, we may take up to forty-five (45) days, or ninety (90) days in the case of point of sale or international transactions, to investigate your complaint or question. In this case, we may provisionally credit your account so that you have use of the money during the time it takes us to complete our investigation. If you fail to provide your complaint or question in writing within ten (10) business days of a request from us to do so, we reserve the right not to credit your account. If we confirm an error, we will correct your account record within ten (10) business days, or twenty (20) business days in the case of point of sale or international transaction. If we determine that there was no error, we will send you a written explanation within three (3) business days after we conclude our investigation and will debit any interim amounts credited to your account. You may request copies of any documents that we use in our investigation. Address and Telephone Number for Notification of Unauthorized Transactions. If you believe your Access ID or password has become known by an unauthorized person, or that someone has transferred money without your permission, call CapitalMark immediately at: (423)756-7878 or write to: CapitalMark Bank and Trust P.O. Box 671 Chattanooga, TN 37401. Electronic Mail (E-mail) You may use e-mail to communicate with Institution regarding your accounts or the Online Financial Services; however, your e-mail is actually sent via your own software and, as a result, is not secure. Because of this, you should not include confidential information, such as account numbers and balances in any e-mail to Institution. You cannot use e-mail to initiate Online Financial Service transactions. All such transactions must be initiated using the functions within the Online Banking site. Institution will not be liable for any errors, omissions, claims, or problems of any kind involving your e-mail. Disclosure Information submitted to Institution or its suppliers is the property of those parties, and they are free to use and disclose that information to any third party for any purpose whatsoever, except as specifically agreed by Institution or prohibited by law. Links to Other Sites Information that Institution publishes on the World Wide Web may contain links to other sites and third parties may establish links to Institution’s site. Institution makes no representations about any other web site that you may access to, from or through this site. Unless expressly stated in writing, Institution does not endorse products or services offered by any company or person linked to this site or any content published on the site. Virus Protection Institution is not responsible for any electronic virus that you may encounter using Online Banking. We encourage you use a reliable virus protection product and routinely scan your computer to detect and remove viruses. Damages and Warranties In addition to the terms previously disclosed, Institution is not responsible for any losses, errors, injuries, expenses, claims, attorney’s fees, interest or other damages, whether direct, indirect, special, punitive, incidental or consequential (“losses”) caused by Online Banking or the use of Online Financial Services or in any way arising out of the installation, use or maintenance of your personal computer hardware or software, including any software provided by Institution or one of its suppliers. Neither Institution nor its suppliers shall be liable for any: (i) failure to perform or any losses arising out of an event or condition beyond reasonable control, including but not limited to communications breakdown or interruption, acts of God or labor disputes; or (ii) the loss, confidentiality or security of any data while in transit via the Internet, communication lines, postal system or ACH network. Institution and its suppliers make no warranty that any information, material or functions of Online Banking are appropriate for use by you in your jurisdiction. You are solely responsible for compliance with applicable local laws and regulations. Institution and its suppliers do not warrant the adequacy, accuracy or completeness of any information provided as part of Online Banking or information contained in any third party sites linked to or from Institution’s web site. INSTITUTION MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ONLINE BANKING, ONLINE FINANCIAL SERVICES, OR ANY SOFTWARE THAT MAY BE USED IN CONNECTION WITH SAME. INSTITUTION DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ERROR-FREE OPERATION. Indemnification Customer shall indemnify, defend and hold harmless Institution and its officers, employees, directors, suppliers and agents, in their individual capacities or otherwise, from and against any losses arising out of: (i) customer’s negligence, (ii) customer’s failure to comply with applicable law, or (iii) customer’s failure to comply with the terms of this Agreement. Additional Remedies Due to the likelihood of irreparable injury, Institution shall be entitled to an injunction prohibiting any breach of this Agreement by Customer. Termination and Changes in Terms Institution reserves the right to terminate this Agreement or to change the charges, fees, or other terms described in this Agreement at any time. When changes are made, we will notify you by: 1) electronic mail; 2) physical mail at the address shown in our records; and/or 3) update of our web site. Applicable Rules, Laws, and Regulations You submit to the jurisdiction of, and this Agreement shall be governed by the statutory laws and procedural provisions of the State of Tennessee, U.S.A., as well as the federal laws of the U.S.A. Venue for any action arising out of this Agreement shall be in a state court of competent jurisdiction in Hamilton County, Tennessee, U.S.A. The prevailing party in any such action shall be entitled to the recovery of its reasonable attorney’s fees, costs, and expenses. Assignment Institution may assign its rights and/or delegate all or a portion of its duties under this Agreement to a third party. Integration This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement, and all prior agreements, understandings and representations concerning such subject matter are cancelled in their entirety. Notwithstanding the foregoing, this Agreement is in addition to any other agreements between you and Institution. Severability If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and the Institution, this Agreement will control. Waiver Institution shall not, by the mere lapse of time, without giving notice or taking other action, be deemed to have waived any of its rights under this Agreement. No waiver by Institution of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of this Agreement. Force Majeure Neither party shall be liable for any loss nor damage due to causes beyond its control, including fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, or other causes beyond that party’s control. Either party may terminate this Agreement immediately on written notice if the other party is prevented from performing its obligations under this Agreement for a period of more than thirty (30) days due to the reasons set forth in this subsection. Construction This Agreement shall be construed equally against the parties regardless of who is more responsible for its preparation. If there is a conflict between a part of this Agreement and any present or future law, the part of this Agreement that is affected shall be curtailed only to the extent necessary to bring it within the requirements of that law. I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.
 
 
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