ONLINE BANKING AGREEMENT

(Effective March 15, 2021)

  1. Introduction. This Agreement sets forth the terms and conditions of the Online Banking (also known as Personal Online Banking) service (“Service”) offered by Banc of California, National Association. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “Bank” refer to Banc of California, National Association. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us, and also incorporates certain additional terms and conditions that apply to Online Bill Payments and Popmoney (as described below), which additional terms and conditions are disclosed to you electronically when you first enroll in Online Bill Payments and Popmoney. Your use of the Service (which includes Online Account Access, Online Bill Payments, and Popmoney) will be deemed evidence of your agreement to these terms. Unless otherwise specified, the times indicated in this Agreement are Pacific Time. Your deposit accounts with us are governed by the Deposit Account Agreement.

Consent To Receive Communications Electronically

  1. Before using the Service, you must consent to receive disclosures, notices, and other communications electronically, and read and accept this Agreement electronically.
  2. Defined Terms. For the purposes of this Agreement, the following terms shall be defined as follows:

(a)        “Account” is defined as any deposit account(s) you have with us, where such account(s) are, or may be, linked to online banking, and also includes any Account-related products and services.

(b)       “Communications” means this Agreement, the Deposit Account Agreement and related disclosures, Fee Schedule (as that term is defined in Section 44); and any amendments to the aforementioned documents, Account statements, notices of Account activity, fees and charges, alerts to or other Account-related Communications or notices and any changes thereto, marketing related information, legal and regulatory disclosures, claims and/or responses to claims, transaction histories, and/or Communications associated with an Account or any online product or service for your Account, and any other document or other information required to be provided “in writing” or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.

(c)        “Electronic Communications” means any electronically delivered Communications.

  1. Scope of Communications to Be Provided in Electronic Form. Under this Agreement, the following Communications, documents and disclosures may be provided to you only in electronic form:

(a)        This Agreement, the Deposit Account Agreement and related disclosures, Fee Schedule and any amendments to the aforementioned documents;

(b)       Notices of Account activity, fees and charges, alerts or other Account related Communications or notices and any changes thereto;

(c)        Marketing related information;

(d)       Legal and regulatory disclosures, and Communications associated with an Account or any online product or service for your Account;

(e)        Any other document or other information required to be provided “in writing” or that we otherwise provide to you, or that you sign or submit or agree to at our request, in connection with your relationship with us.

You must separately enroll and consent to receive periodic statements electronically.

  1. Your Consent. You hereby agree to receive all Communications electronically. By agreeing to receive all Communications electronically, you also agree that we may terminate paper delivery of Communications to you. You have the right to withdraw consent to receive Electronic Communications as is described below. This Agreement applies to all Communications for all Accounts and services, except to the extent it conflicts with the terms and conditions of a separate electronic disclosure. You additionally agree to notify the Bank promptly of any change in your e-mail address or any errors or complications relating to your receipt or access of your Electronic Communications.

To update your e-mail address on file or to report errors as described above:

  • Call the Bank at (877) 770-BANC (2262);
  • Write to Banc of California, N.A., c/o Client Services 3 MacArthur Place, Santa Ana, CA. 92707 or;
  • Visit your local branch.
  1. Method of Providing Electronic Communications. We reserve the right to provide paper copies of any Communication that you have authorized us to provide electronically, even if you have selected electronic delivery for those Communications. All Electronic Communications that we make available to you will be provided by:

(a)        Posting the information on the website, application or system that you access or use for your Account(s), products or services;

(b)       Sending you the information as an e-mail message (which may include attachments and/or    hyperlinks) to your e-mail address on file with the Bank; or

(c)        Requesting you download an electronic file containing the Electronic Communication.

  1. How to Withdraw Consent. Withdrawal of consent for certain Electronic Communications may result in a fee or change in fee for some Accounts. Please refer to the Fee Schedule for additional information. We will not impose any fee to process the withdrawal of your consent to receive Communications electronically.  We may treat the provision of an invalid e-mail address, or the malfunction of a previously valid e-mail address, as a withdrawal of your consent to receive Communications electronically. Your withdrawal of consent will become effective within a reasonable period of time after the Bank has received with withdrawal. Once your withdrawal of consent has been processed, you will no longer be able to access the Service.

To discontinue your receipt of Electronic Communications:

  • Call the Bank at (877) 770-BANC (2262);
  • Write to Banc of California, N.A., c/o Client Services 3 MacArthur Place, Santa Ana, CA. 92707; or
  • Visit your local branch.
  1. Hardware and Software Requirements. In order to access, view, and retain Electronic Communications, you must have: (a) access to a device (e.g., computer, smartphone, mobile device, tablet, etc.) suitable for connecting to the Internet, or downloading our mobile apps; (b) a valid e-mail address; and (c) an Internet browser that supports 128-bit encryption.  Supported browsers include Apple Safari 10.0 or higher, Microsoft Internet Explorer 11.0 or higher, and the most current versions of Google Chrome, Microsoft Edge, and Mozilla Firefox.
  2. Paper Copies. For Electronic Communications, you should not expect to receive a paper copy of any Communication unless you request it. You may obtain a paper copy of an Electronic Communication by printing it yourself or requesting that we mail you a paper copy. We may charge you a service charge for the delivery of paper copies of any Communication provided you electronically pursuant to this Agreement. Please see the Bank’s Fee Schedule for details.

To request paper copies of Electronic Communications:

  • Call the Bank at (877) 770-BANC (2262);
  • Write to Banc of California, N.A., c/o Client Services 3 MacArthur Place, Santa Ana, CA. 92707; or
  • Visit your local branch.
  1. Notices. If you want to send us a notice in relation to this Agreement, you may send it by e-mail to ClientServices@bancofcal.com or regular mail to Banc of California, N.A. c/o Client Services at 3 MacArthur Place, Santa Ana, CA 92707. We may notify you by sending notice to your e-mail address or by mailing your notice by U.S. mail to the most current mailing address that we have on file for you. You agree that any notices sent by e-mail will be deemed delivered and received 48 hours after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received four days after the date of mailing.
  2. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other Electronic Communications that are important to you.
  3. Federal Law. You agree that your consent to receive Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act (“Act”), and that you and the Bank both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
  4. Termination/Changes. We may terminate or change the terms and conditions related to Electronic Communications at any time. We will provide you with notice of any such termination or changes as required by law.
  5. Consent and Confirmation. Your acceptance of this Agreement hereby demonstrates your consent to the Bank in providing Electronic Communications to you as described herein. You further agree that your electronic devices satisfy the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send Electronic Communications to you.

Other Online Banking Terms and Conditions

  1. Our Service. Within the Service, we offer the following:
  • Online Account Access – You can obtain information about your eligible Accounts and transactions, communicate with us, receive notifications about balance fluctuations and the clearing of specific checks, to place a stop payment order on checks, view statements, and transfer funds between your eligible Accounts with us. Please contact us if you have questions regarding which Accounts are eligible for this Service.
  • Online Bill Payments – You can make bill payments to others.
  • Popmoney – You can send and receive money.
  1. Your Equipment. To use the Service, you must have the browser and equipment described in Section 8. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software, or for any computer virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your computer and software are compatible with our system. We reserve the right to change our system requirements from time to time. Note: some browser software may store user names and security codes to facilitate the future use of a website. For security reasons, you agree to disable this feature in your browser. Check your browser’s “Help” screen for more information on this feature.

You shall at all times comply with applicable laws, rules and regulations in connection with your use of the Service. You shall not use the Service for any activities in violation of any laws or regulations, including without limitation, wrongful transmission of copyrighted material, sending of threatening or obscene materials, or misappropriation or exportation of trade or national secrets. You shall have sole responsibility and liability related to your access to the Internet and any browsers, computers, devices or other such technologies used to access the Internet and the Service, and Bank assumes no liability or control over such Internet access or technologies. You shall use the Service in accordance with this Agreement, the Deposit Account Agreement, and any other applicable terms and conditions.

  1. Your Password. We will provide you with one or more User IDs, Passwords and/or other means of identification and authentication (collectively, “Password”) to access the Service. You are responsible for keeping the Password secure and confidential. You agree not to disclose your Password to anyone. Neverplace your Password on or near your computer. For security reasons, we may disable your Password if it is entered incorrectly several times. We may act on any Service instruction that is accompanied by your Password. If you believe that your Password or other means to access your Account has been lost or stolen or that someone has attempted or may attempt to use the Service without your consent or has transferred money without your permission, you must call us at once at 1-855-351-2262.
  2. Sharing Information. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers who will compare and add device data and fraud data from and about you and your devices to a database of similar device and fraud information in order to provide fraud management and prevention services and identify and block access to the applicable service or website by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or websites not provided by us.
  3. Account Information. You can use this element of the Service to obtain balance and other account information online. Since certain information and transactions are not processed by us until after the close of our “Business Day” (as that term is defined in Section 30 below), some transactions may not be reflected in the system until the next Business Day. Posted items may be reversed due to insufficient funds, orders, legal process, or other reasons. Certain balances also may not be subject to immediate withdrawal. We assume no responsibility for any loss arising from incomplete information or for any temporary interruption in this element of the Service.
  4. Transfers. You can use this element of the Service to transfer funds between your eligible Accounts with us. (For example, transfers cannot be made from time deposit Accounts.) Transfers between your deposit Accounts with us are subject to the terms of the Deposit Account Agreement. Although you may instruct our online system to make transfers between your Accounts at any time on any day, transfers occurring after our Service cutoff hour of 5:00 p.m. Pacific on Business Days, or on non-Business Days, may not be posted until the next Business Day. Different rules regarding the Service cutoff hour may apply to Popmoney transfers, see Section 23 below.
  5. Stop Payment Orders. You can use the Service to place a stop payment order on a check that you have written against your Account. To stop payment on a check, you must provide us with timely, complete and accurate information regarding: the number of the Account in question; the date of the item; the item number; the payee information; the EXACT amount of the item (dollars and cents); and/or any other information requested by the Service. If any information is untimely, incomplete or incorrect, we will not be responsible for failing to stop payment on the check at issue. In order to be effective, you must submit the stop payment order before the check is presented for payment. Stop payment orders received on a weekend, holiday, or after 5:00 p.m. Pacific on a Business Day may be deemed received by us as of the next Business Day. Stop payment orders are effective for six months. To place a stop payment order on transactions not relating to a check, or to cancel a stop payment order, immediately call 1-855-351-2262 or visit one of our branches.

Fees may apply when placing a stop payment order.  See the Fee Schedule (as that term is defined in Section 44); specifically, the section of the Fee Schedule titled “Stop Payment Order/ Renew – Online.”

For further terms and conditions regarding stop payment orders, please refer to the Deposit Account Agreement.

  1. Online Bill Payments. This Service may allow you to make current, future and recurring payments to others from one or more of your designated Bank checking Accounts. If you link more than one checking Account to the Service, you must specify which Account you wish to use in making payments. Payments cannot be made from a money market or savings Account, and requirements for dual signatures on checks do not apply to the Service. You acknowledge and agree that we may conduct a credit screen in order to determine eligibility and execution. The amount of a bill payment is limited for security purposes and it may change from time to time without advance notice to you.

Further terms and conditions relating to your use of the Bill Payment Service apply; such terms and conditions (which are subject to change from time to time) will be disclosed to you electronically when you first enroll in the Bill Payment Service. These terms and conditions can be accessed at www.bancofcal.com/agreements, where you can link to the Terms and Conditions of the Bill Payment Service.

  1. Popmoney Transfers. To use the Service, you must be at least 18 years old and a resident of the United States. If you enroll for this Service, you can send funds from your designated Bank account to an account at another U.S. financial institution or receive transfers to your Bank account from other persons in U.S. dollars. You agree that your use of this Service will comply with this Agreement and with all applicable laws, rules, statutes and regulations, including but not limited to any third party service provider’s standard operating procedures.

You can contact us at 1-877-696-2528, or at any time from your mobile phone by sending a text message with the word “HELP” to this number: POPMON (767666).

Further terms and conditions relating to your use of the Popmoney Service apply; such terms and conditions (which are subject to change from time to time) will be disclosed to you electronically when you first enroll in the Popmoney Service. These terms and conditions can be accessed at www.bancofcal.com/agreements, where you can link to the Terms and Conditions of the Popmoney Service.

  1. Your Responsibility. Tell us AT ONCE if you believe your Password or Shared Secret has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission. 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 tell us within two Business Days, you can lose no more than $50 if someone used your Password or Shared Secret without your permission. If you do NOT tell us within two Business Days after you learn of the loss or theft of your Password or Shared Secret, and we can prove that we could have stopped someone from using your Password or Shared Secret without your permission if you had told us or otherwise stopped the unauthorized funds transfer, you could lose as much as $500. Also, if your statement shows bill payments or transfers that you did not make, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available 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 a hospital stay) kept you from telling us, we will extend the time periods.
  2. Our Responsibility. If we do not complete a transfer or send a payment 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. However, there are some exceptions. We will not be liable, for example, if: (a) we process your payment or transfer in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us; (c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment; (d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the system was not working properly and you knew about the problem when you requested the transfer or payment; (f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) or rolling blackouts prevent the transaction, despite reasonable precautions that we have taken; (g) you do not authorize a bill payment early enough for your payment to be made and properly credited by the payee by the time it is due; (h) a transfer or payment could not be completed due to the system’s unavailability; or (i) you fail to follow our on-screen instructions properly. There may be other exceptions stated in our Deposit Account Agreement with you.
  3. In Case of Errors or Questions about Your Transfers or Bill Payments. Call or write to us at 1-877-770-2262 or Banc of California, N.A., Attn: Online Banking Support, 3 MacArthur Place, Santa Ana, CA 92707 as soon as you can if you think your statement is wrong or if you need more information about a transaction listed on the statement. We must hear from you no later than 60 days after we sent the FIRSTstatement on which the problem or error appeared. You must: (a) tell us your name and account number; (b) describe the error or the transaction you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error. For bill payments, please tell us the payee name, the date we charged your account, and the payee account number. 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 that it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account. For errors involving new accounts, we may take up to 90 days to investigate your complaint or question, and up to 20 Business Days to credit your account for the amount you think is in error.

We will tell you the results within 3 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.

  1. Business and Other Non-personal Accounts. Our obligations set forth in Sections 25 and 26, and the limitations on customer liability set forth in Section 24 and in periodic statements, do not apply in the case of business or other non-personal accounts. The owners of those accounts must notify us immediately if they discover any unauthorized transactions or errors, and must send us a written notice of the problem within a reasonable time, not to exceed 14 days from the date of discovery or the date the first statement or notice reflecting the problem was mailed or otherwise made available to the customer, whichever occurs first. We may process any online instruction we believe is given by any of you if the instruction is accompanied by your Password, and you will be responsible for the transfer or payment, even if the instruction is not transmitted or authorized by you. See the Deposit Account Agreement for further terms and conditions.

General Terms

  1. 28. Assistance. If our on-line system is not available for any reason, you can contact us during our regular business hours at 1-877-770-2262 for assistance.
  2. Authorization. We will act upon the instruction of only ONE account owner or authorized signer with regards to any of the Service elements described herein (for example, to wire funds or to initiate ACH or other payment options), even if the signature card for the account in question requires dual authorization.
  3. Business Days. Our Business Days are Monday through Friday, excluding holidays (“Business Day”).
  4. Change in Terms. We may add to, delete from, or change the terms of this Agreement at any time by sending a notice to any of you at the mail or e-mail address shown in our records, by posting the notice or an amended Agreement on our website, or by delivering it to you. Unless otherwise required by law, we may amend the agreement without prior notice (e.g., by posting the information in our offices, on our website, or otherwise making it available to you). You may choose not to accept the change by closing your account(s) or terminating this Agreement and your use of the Service.

Note: Some aspects of our Services may not be available at all times. We may make additional services or new features available from time to time.

  1. Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.

If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.

    1. Documentation. You will receive a quarterly deposit account statement unless there are electronic transfers in a particular month. You will receive a monthly statement for any month during which an electronic transfer occurs. (Electronic transfers include account-to-account transfers, ACH debits and credits, and transactions performed with any debit card attached to your account.) We will charge you a Mailed Statements fee if you receive a printed paper statement. (See the Fee Schedule.)

E-Statements offer you a convenient way to view, save and print your monthly statements over the internet. If you elect to receive E-Statements, we may discontinue sending written statements to you. This includes, but is not limited to, ongoing disclosures currently provided on the back of your paper statement, notices posted as messages on the face of the statement, and all notices or other communications that accompany mailed statements. You will be deemed to receive E-Statements when they are made available to you.

  1. Electronic Mail.  If you send us electronic mail (“e-mail”), we may not receive or review it immediately. We will have a reasonable time to act upon any e-mail request or notice, and reserve the right to reject any transaction or request received by e-mail. You acknowledge that, even though e-mail may be encrypted, we cannot ensure that it will not be intercepted or affected by the actions or omissions of others, such as third party networks or persons with access to the Internet. Our service providers and we assume no responsibility for viruses created by third parties, or for any third party’s unauthorized access to, or use of, your computer system. Do not include any sensitive information about yourself or your accounts in e-mail that is not encrypted and sent through a secure e-mail system.
  2. Hours of Operation. You can access the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
  3. How to Notify Us of a Problem. If you have a question about a Service transaction, believe your User ID, Password or Shared Secret has been lost or stolen, or that someone has transferred or may transfer money from your account without your permission, call or write to your branch of account (the phone number and address are shown on your statement). You can also call us at 1-877-770-2262 or write to us at: Banc of California, N.A., Attn: Online Banking Support, 3 MacArthur Place, Santa Ana, CA 92707.
  4. Indemnification. Except as otherwise set forth in this Agreement, each account owner agrees to indemnify, defend and hold us harmless from all claims, actions, proceedings, fines, costs and expenses (including, without limitation, attorney fees) related to or arising out of: (a) your actions and omissions in connection with your accounts or our Service, including but not limited to any illegal acts, fraud, misrepresentation or willful misconduct, or (b) our actions and omissions, provided that they are taken/omitted in accordance with this Agreement or your instructions. This provision shall survive the termination of this Agreement. See the Deposit Account Agreement for further terms and conditions.
  5. Limitations on Liability.  You agree that we and our suppliers, providers, and vendors are released from any incidental, indirect, consequential, special punitive, and exemplary and tort damages. You agree that the maximum liability applicable to us and our suppliers, providers, and vendors is limited to the amount of the single transaction at issue.
  6. Limitation on Time to Sue. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
  7. Limitations (Other). Payments and transfers may only be made to and from account in the United States, and only in U.S. dollars. You agree to not initiate Bill Payments in excess of $50,000 per transaction or that total more than $50,000 on any one Business Day. Unless we advise you otherwise on our Popmoney website, Popmoney transactions are limited to the following amounts: (a) for standard transfers $1,000 per transaction, $1,000 per day, and $2,000 during any rolling 30-day period; and (b) for Next Day transfers $100 per transaction, $100 per day, and $400 during any rolling 30-day period. We may increase these limits at any time. To find out your current limits, log into the Service, click on the Popmoney tab, and click on “View Limit.” The number of Popmoney transfers you may make is limited to 15 transfers per day and 30 transfers during any rolling 30-day period. The minimum transaction amount for all Popmoney transfers is $5. We may permit you to exceed limits described in this Section from time to time at our sole discretion, but may cease doing so at any time and without prior notice. We also may deny or limit transactions for security reasons.
    Payments and transfers from savings accounts and money market deposit accounts may be limited by law and/or the Deposit Account Agreement. You may only make up to 6 withdrawals and/or transfers each month from these accounts by check (for accounts with check privileges), preauthorized or automatic transfer (e.g., automatic payments to an insurance company), draft, point-of-sale debit card, telephone and/or online banking. We may refuse to permit a Service transaction at any time and without prior notice if we believe it may violate applicable law. See your Deposit Account Agreement for further details.
  8. 41. No Warranties.  The Service is made available on an “as-is” and “as available” basis. Neither we nor our vendors provide any warranty, express or implied, regarding this Service. All warranties, including implied warranties of merchantability and fitness for a particular purpose, are expressly disclaimed to the greatest extent permitted by law. Neither we nor our vendors assume any liability for the unavailability of the Service. This provision shall not be deemed to limit our obligations as otherwise set forth in this agreement.
  9. Other Terms. This Agreement incorporates, supplements and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. You agree to comply with the Terms and Conditions found at our website, as well as any Service guidelines and instructions set forth at that site. This Agreement, our website terms and conditions, the terms and conditions regarding Online Bill Payments and Popmoney, and your Deposit Account Agreement contain all of the terms of our agreement with you with respect to the Service, unless we otherwise agree in writing.
  10. Privacy. We may release information about you, your accounts and the transactions you perform to companies that perform services for us (such as check printers and data processing firms), with your permission, to our affiliates, and as permitted by law. We may disclose information, for example: where it is necessary or helpful for completing a transaction; to report the existence, history and condition of your account to credit reporting agencies; and to comply with government agency and court orders. Please see our Privacy Policy web page or call us at 1-877-770-2262 for information about how we gather, use and secure nonpublic personal information about you.
  11. Service Fees. Unless otherwise stated, there are no fees for accessing information about your accounts or paying bills through the Service. We may impose a charge for each transfer or payment that exceeds the transaction limitation we set for your account each statement period (see our Fee Schedule, “Excessive Transaction Activity”). Our Fee Schedule sets forth a complete list of fees associated with the Service. “Fee Schedule” means the current Personal Schedule of Fees and Charges as may be amended from time to time, including any specific proposals which we may present to you. We may also impose a charge for transfers or payments drawn on non-sufficient funds. See our Fee Schedule for all fees related to your accounts. We are not responsible for any fees that may be billed to you by your Internet service provider.
  12. Inactivity. At our sole discretion, if you do not access your accounts online or access Services within your online banking Account for an extended period of time, such as 12 months, your profile may be deleted and you will no longer be able to sign on and/or access Services within your online banking Account. You will need to re-enroll to setup a new online profile or re-establish the Service at a later date. If your profile is deleted, you will no longer receive Electronic Communications (but instead will receive Communications through a non-electronic means), and you will be automatically converted to paper periodic statements, which may result in a fee. Please refer to the Fee Schedule for additional information.
  13. Termination. We may terminate, suspend or limit your access to all or part of the Service, and/or terminate this Agreement, at any time, with or without cause. If you do not agree to these terms, or if decide to cancel the Service, call us at 1-877-770-2262 or write to us at: Banc of California, N.A., Attn: Online Banking Support, 3 MacArthur Place, Santa Ana, CA 92707. Let us know if you have any outstanding scheduled or recurring bill payments or transfers that you also wish to cancel. If you or we terminate your use of the Service, we may delete all outstanding payments (both one-time and recurring). We are not responsible for any fixed payment made before we have a reasonable opportunity to act on your termination notice. We may refuse to make scheduled or recurring Service payments and/or transfers following termination of the Service. Any indemnification obligations required by this Agreement shall survive its termination.
    You acknowledge and agree that the Service, and/or any elements thereof, can be suspended, changed, or terminated at any time and without notice.
  14. Consent to Share with Third Party Service Providers. We may share certain personal information and device-identifying technical data about you and your devices with third party service providers who will compare and add device data and fraud data from and about you and your devices to a database of similar device and fraud information in order to provide fraud management and prevention services and identify and block access to the applicable service or Web site by devices associated with fraudulent or abusive activity. Such information may be used by us and our third party service providers to provide similar fraud management and prevention services for services or Web sites not provided by us.