Online Banking Agreement & Security Information

(A) Security Information

Yosemite Farm Credit, ACA and its subsidiaries, Yosemite Land Bank, FLCA, and Yosemite Production Credit, PCA (collectively, “Yosemite Farm Credit”) are dedicated to protecting your privacy and information.
This Online Banking System utilizes a comprehensive security strategy to protect accounts and transactions. Read the Online Banking Agreement, below, for more details.

(B) ONLINE BANKING AGREEMENT AND DISCLOSURES - FOR NON-CONSUMER ACCOUNTS

FOR CONSUMER ACCOUNTS, SEE THE FOLLOWING SECTION BELOW.
This Online Banking Agreement and Disclosures for Non-Consumer Accounts and the General Online Banking Terms and Conditions for Non-Consumer and Consumer Accounts (collectively, the “Online Banking Agreement” or the “Agreement”), which includes the Online Banking Enrollment Form, is a contract establishing the rules that cover your electronic access to your Non-Consumer Accounts at Yosemite Farm Credit through Yosemite Farm Credit’s Online Banking System and any associated mobile application (collectively, the “SYSTEM”).
By using the SYSTEM, or by permitting another to use the SYSTEM on your behalf, you acknowledge receipt of this Agreement and agree to be bound by all terms and conditions of this Agreement and all applicable terms and conditions contained in any other agreements between you and Yosemite Farm Credit governing Accounts accessible in connection with the SYSTEM. Please read the Agreement carefully and retain a copy for your records. The terms and conditions of the other agreements and disclosures for each of your Yosemite Farm Credit Accounts continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal and state laws (except to the extent this Agreement can and does vary such rules or laws).
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. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. 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 subsequent default or breach.
You may not assign or transfer this Agreement. This Agreement is binding upon Yosemite Farm Credit and you, and your respective heirs, executors, successors, and administrators, and is also enforceable by Yosemite Farm Credit’s successors and assigns. Any obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive termination, cancellation, or expiration of this Agreement.
This Agreement, together with the Online Banking Enrollment Form, constitutes the entire agreement between you and Yosemite Farm Credit with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions – As used in this Agreement, the words:
1. “We,” “our,” “us,” and “Yosemite Farm Credit” mean Yosemite Farm Credit, ACA, Yosemite Land Bank, FLCA, and Yosemite Production Credit, PCA, individually or collectively.
2. “You” and “your” mean the Account holder authorized by Yosemite Farm Credit to use the SYSTEM under this Agreement and your Authorized Representatives.
3. “Account” or “Accounts” means your loans and other accounts at Yosemite Farm Credit (excluding Consumer Accounts).
4. “Account Documents” means account statements, tax documents, legal notices, and disclosures, and other information and documents associated with an Account or a SYSTEM Service.
5. “Authorized Representative” means any person with authority (actual or apparent) to take action or make decisions on your behalf with respect to an Account or the SYSTEM Services. This definition includes any person who has actual or apparent authority to access, manage, administer, or transact business for an Account, or to access and transact business on the SYSTEM, regardless of whether that person has signed a signature card or other relevant documentation. For the avoidance of doubt, and without limitation, each Account owner, authorized signer, and borrower is an Authorized Representative.
6. “Business Day” means Monday through Friday. Holidays are not included.
7. “Consumer Account” means a Yosemite Farm Credit Account established primarily for personal, family, or household purposes.
8. “Non-Consumer Account” means a Yosemite Farm Credit Account established primarily for a business purpose or any purpose other than a personal, family, or household purpose.
9. “SYSTEM Services” means the services provided pursuant to this Agreement.
Limits on Amounts and Frequency of SYSTEM Transactions
1. There is no limit on the number of transfers from your Yosemite Farm Credit Accounts. There are limits on the amounts that may be transferred which is the applicable line of credit limit or available balance limit. If a hold has been placed upon a trust fund or other account for a future payment or other purpose from which you wish to transfer funds, the transfer may be cancelled or modified by Yosemite Farm Credit at our discretion, with or without notice to you.
Account Access – You may use your Account to:
1. Withdraw cash from your Account.
2. Make deposits to our Account.
3. Transfer funds between your Accounts.
Fees and Charges– You are responsible for telephone and Internet service fees incurred in connection with your use of the SYSTEM from your telephone company and/or Internet Service Provider. Yosemite Farm Credit does not currently charge any fees for your use of the SYSTEM Services, but reserves the right to do so at any time. In the event fees and/or other charges are imposed for your use of SYSTEM Services, you agree to pay the fees and charges upon notice from us. In addition, you agree that all such fees and charges may be deducted from your Yosemite Farm Credit Account or other account or paid in advance to Yosemite Farm Credit. If you close your Primary Loan Account, you must contact us immediately to designate another Account as your Primary Loan Account. You also agree to pay additional reasonable charges for services you request not covered by this Agreement.
Documentation – Periodic statements – You will not receive a separate SYSTEM statement. Transfers to and from your Accounts using the SYSTEM will appear on the respective periodic statements for your Accounts.
Authorized and Unauthorized Transfers – You are responsible for all transfers and payments from any of your Accounts, both authorized and unauthorized, including but not limited to the following:
1. You are responsible for all transfers and payments you initiate and authorize using the SYSTEM Services.
2. If you permit other persons to use the SYSTEM, through their separate login credentials or by use of your credentials, you are responsible for any transactions they authorize from any of your Accounts.
3. If your password is lost, stolen, used without your authorization, or otherwise compromised, or if someone has otherwise transferred money from your Accounts without your permission, you are responsible for any transactions they authorize or otherwise carry out from any of your Accounts.
Contact in Event of Unauthorized Transfer – CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your Accounts without your permission. An immediate telephone call to us at 1-866-836-1838 is the best way to reduce any possible losses. You could lose all the money in your line of credit or any other Account.
You must also notify Yosemite Farm Credit immediately, in accordance with its established procedures, if you discover any unauthorized electronic funds transfer, or have reason to believe that such a transfer has, or will, be made, or if you desire to cancel or amend a previous transfer request or designation of an authorized representative. You shall remain liable for any funds transfer request processed prior to the time at which Yosemite Farm Credit is able to prevent such additional transfers, whether or not such notice is given. You also agree to promptly review any and all statements issued by Yosemite Farm Credit and to immediately notify Yosemite Farm Credit of all discrepancies appearing on such statements.
In Case of Errors or Questions about Your Electronic Transfers – In case of errors or questions about your electronic transfers, if you think your statement is wrong, or if you need more information about a transfer listed on your statement, immediately telephone us at 1-866-837-1838 or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA 95381 or e-mail us at [email protected]. When you contact us: (1) Tell us your name and loan account number; (2) Describe the error or transfer in question, and explain as clearly as you can why you believe it is an error, or why you need more information; and (3) Identify the dollar amount of the suspected error. If you contact us by telephone or by email, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax within a specified number of days. We will communicate the results of our investigation to you as soon as we are able, after you contact us, and will correct any error if we conclude an error was made. If we decide that there was no error, and had made a provisional credit prior to our decision, a corresponding debit will be made from your Account.
Preauthorized Payments –Stop Payment Procedures – If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here’s how:
1. Call us at 1-866-837-1838, or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381, in time for us to receive your request 3 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 provide it to us within a specified number of days after you call.
No Liability for Failure to Stop Payment – As described more fully in the paragraph entitled “Disclaimer of Warranty and Limitation of Liability” and other sections of this Agreement, we do not guarantee that the System will be error free and we are not liable for your losses or damages if we fail, for any reason, to stop a preauthorized payment, even if you had requested we stop the payment before the payment was scheduled to be made.
Disclosure of Account Information and Transfers – We will disclose information to third parties about your Account or the transactions you make:
1. Where it is necessary for completing transfers, or
2. To verify the existence and condition of your Account for a third party, such as a credit bureau, or for a merchant in relation to transactions that you originate in the SYSTEM, or
3. To comply with government agency or court orders, or if you give us your written permission

FOR NON-CONSUMER ACCOUNTS, SEE THE SECTION ABOVE.
This Online Banking Agreement and Disclosures for Consumer Accounts (including the Regulation E Disclosure) and the General Online Banking Terms and Conditions for Non-Consumer and Consumer Accounts (collectively, the “Online Banking Agreement” or “Agreement”), which includes the Online Banking Enrollment Form, is a contract establishing the rules that cover your electronic access to your Consumer Accounts at Yosemite Farm Credit through Yosemite Farm Credit’s Online Banking System (and any associated mobile application) (collectively, the “SYSTEM”).
By using the SYSTEM, or by permitting another to use the SYSTEM on your behalf, you acknowledge receipt of this Agreement and agree to be bound by all terms and conditions of this Agreement and all applicable terms and conditions contained in any other agreements between you and Yosemite Farm Credit governing Accounts accessible in connection with the SYSTEM. Please read the Agreement carefully and retain a copy for your records. The terms and conditions of the other agreements and disclosures for each of your Yosemite Farm Credit Accounts continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal and state laws (except to the extent this Agreement can and does vary such rules or laws).
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. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. 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 subsequent default or breach.
You may not assign or transfer this Agreement. This Agreement is binding upon Yosemite Farm Credit and you, and your respective heirs, executors, successors, and administrators, and is also enforceable by Yosemite Farm Credit’s successors and assigns. Any obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Online Banking Enrollment Form, constitutes the entire agreement between you and Yosemite Farm Credit with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
Definitions – As used in this Agreement, the words:
1. “We,” “our,” “us,” and “Yosemite Farm Credit” mean Yosemite Farm Credit, ACA, Yosemite Land Bank, FLCA, and Yosemite Production Credit, PCA individually or collectively.
2. “You” and “your” mean the Account holder authorized by Yosemite Farm Credit to use the SYSTEM under this Agreement and your Authorized Representatives.
3. “Account” or “Accounts” means your loans and other accounts at Yosemite Farm Credit (excluding Non-Consumer Accounts).
4. “Account Documents” means account statements, tax documents, legal notices and disclosures, and other information and documents associated with an Account or a SYSTEM Service.
5. “Authorized Representative” means any person with authority (actual or apparent) to take action or make decisions on your behalf with respect to an Account or the SYSTEM Services. This definition includes any person who has actual or apparent authority to access, manage, administer, or transact business for an Account, or to access and transact business on the SYSTEM, regardless of whether that person has signed a signature card or other relevant documentation. For the avoidance of doubt, and without limitation, each account holder, authorized signer, and borrower is an Authorized Representative.
6. “Business Day” means Monday through Friday. Holidays are not included.
7. “Consumer Account” means a Yosemite Farm Credit Account established primarily for personal, family, or household purposes.
8. “Non-Consumer Account” means a Yosemite Farm Credit Account established primarily for a business purpose or any purpose other than a personal, family, or household purpose.
9. “SYSTEM Services” means the services provided pursuant to this Agreement.
Regulation E Disclosure
1. Consumer Liability for Unauthorized Transfers – You are responsible for all transfers and payments you initiate and authorize using the SYSTEM. If you permit other persons to use the SYSTEM and your password, you are responsible for any transactions they authorize from any of your Accounts. CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your Accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your line of credit or any other Account. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission on your Account. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your Account without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get any money you lost through transactions made after the 60-day time period 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 contacting us, we will extend the time periods. “Business days” means Monday through Friday. Holidays are not included.
2. Contact in Event of Unauthorized Transfer – If you believe an unauthorized electronic funds transfer has been made or will be made, call: 1-866-837-1838 or write: Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381. You must also notify Yosemite Farm Credit immediately, in accordance with its established procedures, if you discover any unauthorized electronic funds transfer, or have reason to believe that such a transfer has, or will be made, or if you desire to cancel or amend a previous transfer request or designation of an authorized representative. Yosemite Farm Credit will take reasonable efforts to honor such cancellation or amendment notification. You shall remain liable for any funds transfer request processed prior to such notice or prior to the time at which Yosemite Farm Credit is reasonably able to prevent such additional transfers. You agree to promptly review all statements issued by Yosemite Farm Credit and to immediately notify Yosemite Farm Credit of all discrepancies appearing on such statements.
3. Limits on Amounts and Frequency of SYSTEM Transactions – There is no limit on the number of transfers from your Yosemite Farm Credit Accounts. There is a limit on the amount that may be transferred, which is the applicable line of credit limit or available balance limit. If a hold has been placed upon a trust fund or other Account for a future payment or other purposes from which you wish to transfer funds, the transfer may be cancelled or modified by Yosemite Farm Credit. You will be notified of any such modification.
4. Account Access – You may use your Account to:
  - Withdraw cash from your Account.
  - Make deposits to your Account.
  - Transfer funds between your Accounts.
5. Fees and Charges – You are responsible for telephone and Internet service fees incurred in connection with your use of the SYSTEM from your telephone company and/or Internet Service Provider. Yosemite Farm Credit does not currently charge any fees for your use of the SYSTEM Services, but reserves the right to do so at any time. In the event fees and/or other charges are imposed for your use of SYSTEM Services, you agree to pay the fees and charges upon notice from us. In addition, you agree that all such fees and charges may be deducted from your Yosemite Farm Credit Account or other account or paid in advance to Yosemite Farm Credit. If you close your Primary Loan Account, you must contact us immediately to designate another Account as your Primary Loan Account. You also agree to pay additional reasonable charges for services you request not covered by this Agreement.
  - Per Transfer Charge – No charge
  - Fixed Charge – No charge
  - Average or Minimum Balance Charge – No charge
6. Disclosure of Account Information and Transfers – We will disclose information to third parties about your Account or the transactions you make:
  - Where it is necessary for completing transfers, or
  - To verify the existence and condition of your Account for a third party, such as a credit bureau, or for a merchant in relation to transactions that you originate in the SYSTEM, or
  - To comply with government agency or court orders, or
  - If you give us your written permission
7. Documentation – Periodic statements – You will not receive a separate SYSTEM statement. Transfers to and from your Accounts using the SYSTEM will appear on the respective periodic statements for your Accounts.
8. Preauthorized Payments – Right to Stop Payment and Procedure for Doing so – If you have told us in advance to make regular payments out of your Account, you can stop any of these payments. Here’s how:
  - Call us at 1-866-837-1838, or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381, in time for us to receive your request 3 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.
9. Preauthorized Payments – Liability for Failure to Stop Payment of Preauthorized Transfer – If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
10. Our 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. However, there are some exceptions. We will not be liable, for instance:
  - If, through no fault of ours, you do not have enough money in your Account to make the transfer.
  - If the transfer would go over the credit limit on your overdraft line.
  - If the SYSTEM was not working properly and you knew about the breakdown when you started the transfer.
  - If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  - There may be other exceptions stated in our agreement with you.
11. In Case of Errors or Questions about Your Electronic Transfers –In case of errors or questions about your electronic transfers, telephone us at 1-866-837-1838, or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381 or email us at [email protected] as soon as you can if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and loan account number; (2) Describe the error or 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; and (3) Tell us the dollar amount of the suspected error. If you contact us by telephone or by email, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will communicate the results of our investigation to you within 10 business days after you contact us 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 provisionally 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 compete our investigation. If we ask you to put your complaint or question in the form of a paper writing and we do not receive it in the form of paper writing within 10 business days, we may not provisionally credit your Account. For errors involving new Accounts 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. If we decide that there was no error, we will send you a written explanation within 3 business days after completion of our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your Account.

(D) GENERAL ONLINE BANKING TERMS AND CONDITIONS - FOR NON-CONSUMER AND CONSUMER ACCOUNTS

The following terms and conditions apply to, and shall govern, your use of the SYSTEM whether you have Non-Consumer and/or Consumer accounts at Yosemite Farm Credit, in addition to the Privacy Policy (including the Notice at Collection), Online Banking Website Terms of Use, and any other agreement applicable to your use of the SYSTEM.
Account Owners and Other Authorized Representatives.
1. If an eligible Account is owned by more than one person (joint account), or has other Authorized Representatives, each person may: provide us with instructions (written, electronic, or verbal); make any decision; obtain any information; or make any request associated with the eligible Account and System Services.
2. Each Authorized Representative will need to individually enroll in the SYSTEM to access it and will each be required to establish a unique password and username.
3. We may, in our sole discretion, offer tools (online or otherwise) that help you manage the authority and access of Authorized Representatives.
4. An Authorized Representative’s transactions are considered authorized, unless: (1) you tell us that they are no longer authorized as an Authorized Representative, and (2) we have had reasonable opportunity to act on your notification (unless otherwise provided by law or regulation).
5. Any requirement to verify two or more signatures on any item (such as a check) does not apply to electronic transfers. This provision controls and takes precedence over any conflicting provision in any other agreements you have with us.
6. You agree that:
  - Each of your Authorized Representatives will be acting as your agent and will be bound by this Agreement and any separate agreement governing the eligible Account or System Service.
  - We may rely and act on the instructions of any Authorized Representative or Delegate.
  - All transactions that an Authorized Representative or performs on an eligible Account or System Service, including those you did not want or intend, are transactions authorized by you. You are solely responsible for those transactions.
  - You are solely responsible for supervising all of your Authorized Representatives and monitoring the actions they take on your behalf, whether or not we provide tools for managing their authority.
  - You will be responsible for ensuring each Authorized Representative maintains the confidentiality of that person’s username, password, or other login identification.
  - If we receive conflicting instructions, if we believe that an eligible Account’s security or our security may be at risk, or if an Authorized Representative violates any part of this Agreement, we may at our sole discretion end the Authorized Representative’s access to the System, an eligible Account, or a SYSTEM Service. We may also prevent the individual from being an Authorized Representative, or discontinue the individual’s authority as an Authorized Representative, without prior notice to you.
Security and Passwords – Our Online Banking service utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet.
1. Registration Process – The SYSTEM requires the customer to complete the initial registration process. This involves either completing a secure online application or completing an application in person or transmitting it to our office. The information on the application will identify everything we will need to enable your access to the SYSTEM. Once we verify the information you submitted for accuracy and authorizations, you will be notified when your account will be activated by mail and/or email.
2. Access – To use the SYSTEM, you must have at least one loan account at Yosemite Farm Credit or be acting as an Authorized User of an account holder, have access to internet service, and a valid email address. Once we have received your signed Enrollment Form and/or Authorization and have verified your account information, we will send you confirmation of our acceptance of your enrollment, along with your assigned Login ID and temporary password, by email or through the postal system. Access to your accounts through the SYSTEM will be based upon the identification of users and authority levels specified by you in your Enrollment Form. You can add or delete any of your Yosemite Farm Credit accounts from this Agreement by contacting Yosemite Farm Credit. We undertake no obligation to monitor transactions through the SYSTEM to determine that they are made on behalf of the account holder. You agree to follow all instructions provided by Yosemite Farm Credit as reflected on your computer monitor, handheld computing device, personal digital assistant, and all Wireless Application Protocol enabled devices or e-mail or other system access screen. You agree that the initial access process and security features and procedures described in this Agreement, including this section entitled “Security and Passwords” are commercially reasonable security procedures to conduct financial transactions, such as fund transfers, through the SYSTEM Services.
3. Your SYSTEM Password –For security purposes, you are required to change your password upon your initial login to the SYSTEM. You determine what password you will use; the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. After multiple unsuccessful attempts to access you online accounts, we may, at our option, restrict or lock your access to the SYSTEM. To re-establish your authorization to use the SYSTEM, you must contact us to have your password reset or to obtain a new temporary password. We recommend, and may in our sole discretion require, that you create a password that utilizes both upper- and lower-case alpha and numeric 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 or names of children, and should be memorized rather than written down. You agree to keep confidential and not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. If you authorize anyone to use your password, that authority shall continue until you specifically revoke such authority by changing the password or by notifying Yosemite Farm Credit and obtaining a replacement password. You understand that if you reveal your password to anyone you have authorized that individual to access and utilize the SYSTEM Services and to transfer and withdraw funds from any of your accounts which can be accessed by the password, regardless of whether that person is authorized to transfer or withdraw funds from the account(s) by any means other than by use of the SYSTEM.
4. Security of Your Accounts – You understand the importance of your role in preventing misuse of your accounts through the SYSTEM, and you agree to promptly examine the statement for each of your Yosemite Farm Credit 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 password and Login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the SYSTEM is encrypted in an effort to provide transmission security; the SYSTEM utilizes identification technology to verify that the sender and receiver of the SYSTEM transmissions can be appropriately identified by each other. You are responsible for the safety, security, and operation of any equipment you use to access the SYSTEM. Utilizing publicly accessible equipment (i.e. Internet cafe, library, shopping mall, work computer, etc.) or equipment that is not equipped with the latest security software can jeopardize the security of transmissions to the SYSTEM. Notwithstanding our efforts to ensure 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 can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the SYSTEM, or email transmitted to and from us, will not be monitored or read by others. We also make no warranties that your device or software is or will continue to be compatible with the SYSTEM Services.
5. Additional Security Procedures. We may also require additional security procedures for certain transactions. These additional security procedures may require special hardware, software, or third-party services.
  - To enhance the security of your eligible Accounts and System Services, we may also offer you additional, optional security procedures.
  - We may also require the use or activation of specific applications, Internet browser software or mobile operating system features, plug-ins, and add-ons to use the Service.
  - To enable and enhance secure access to the Service, we may also access detailed information about the computers and mobile devices you use to access the SYSTEM Service. This could include telephone numbers and unique internal and network identifiers for your computers and mobile devices. We also use “cookies” and other technology for information security and other purposes.
SYSTEM Services – You can use the SYSTEM to check the balance of your Yosemite Farm Credit Accounts, view Yosemite Farm Credit account histories, transfer funds between select eligible Accounts, and change your address for your Yosemite Farm Credit Accounts. At the latest, balance information will be available as of approximately 10:00 p.m. Pacific Time of the previous business day. We may, in our sole discretion, update balances and transactions to your eligible Accounts on a more frequent basis. Balances reflecting “memo” transactions that have occurred during the day are available at various times during the business day. “Memo” transactions are transactions that have occurred during the day but have not yet been processed.
Hours of Access to the SYSTEM – You can use the SYSTEM seven days a week, twenty-four hours a day, although occasionally some or all SYSTEM services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM website.
Posting of Transfers Through the SYSTEM –Transfer requests made through the SYSTEM are subject to review by Yosemite Farm Credit before application to your accounts in accordance with loan documents and credit policies of Yosemite Farm Credit. Transfers initiated through the SYSTEM before 2:00 p.m. Pacific Time on a business day will be processed for review by Yosemite Farm Credit that same business day. Transfers completed after 2:00 p.m. Pacific Time on a business day, Saturday, Sunday or holiday will be posted on the next business day. The SYSTEM identifies a transfer based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu option of the SYSTEM will not reflect transfers made by multiple users from the same account if different Login IDs are used. You agree to communicate to any other Authorized Representatives concerning any transfers from your Accounts, in order to avoid exceeding loan commitment or unavailable funds in Trust Fund or other accounts.
Order of Payments, Transfers and other Withdrawals –If your account has insufficient commitment available or funds to perform all electronic fund transfers you have requested for a given business day, then electronic fund transfer requests initiated through the SYSTEM may, at our discretion, be cancelled or modified to avoid exceeding the loan commitment or available funds.
Remote Deposit SYSTEM Service –We may, in our sole discretion, make available to you a remote deposit SYSTEM Service. Using the service, you may use our mobile app to submit photos of the front and back of endorsed, eligible checks made payable to you, which you authorize us to process and present for payment.
1. You must have a compatible mobile device and supporting software (including a compatible operating system) to use the mobile app for remote deposit. Availability of the remote deposit SYSTEM Service may be affected by your mobile carrier’s service area and the availability and quality of your connection to your mobile carrier. We are not responsible for any items not received or for images that are dropped during transmission.
2. Not all deposit accounts are eligible for mobile deposit, and we may change our eligibility requirements at any time, in our sole discretion, without prior notice to you. We may set limits on the amount you can deposit via our remote deposit SYSTEM Service. We will provide you with notice of those limits, which may vary for different eligible deposit accounts. You must comply with any restrictions or dollar limits on the remote deposit SYSTEM Service that we establish. For security and risk management reasons, we may modify the limit, the frequency, and the dollar amount of deposits you can make using our remote deposit SYSTEM Service without notice. The limits on the frequency and dollar amount of deposits are solely for our protection.
3. We do not currently charge a fee to use the remote deposit SYSTEM Service. Note that your mobile carrier’s message and data rates may apply. You shall be responsible for any fees imposed by your wireless carrier when utilizing the SYSTEM Service.
4. You can deposit checks payable in U.S. dollars and drawn at any U.S. bank, including personal, business, and most government checks. Only checks, money orders, cashier’s checks, or American Express traveler’s checks, drawn on or payable at or through a U.S. bank, can be transmitted through the remote deposit SYSTEM Service.
5. Checks must be payable to, and endorsed by, the account owner for the Eligible Account, as follows: before check photos are taken, the back of the check must be signed with “For Mobile Deposit at Yosemite Farm Credit” written below your signature.
6. Checks and other items that are NOT eligible for the remote deposit SYSTEM Service include: Checks made payable to more than one payee (unless both payees are identified in our records as owners of the Account), international checks, U.S. savings bonds, U.S. postal money orders, remotely created checks (whether in paper form or electronically created), electronically created items (items created electronically and not derived from a paper check), convenience checks (checks drawn against a line of credit), non-American Express traveler’s checks, cash, checks that are illegible or contain MICR data that is not machine-readable, and duplicate checks.
7. After depositing your check via the remote deposit SYSTEM, you must:
  - Write “mobile deposit” and the date on the front of your check. The date should be the month, day, and year of your deposit; and
  - Securely store your check for 10 days after your deposit, and then destroy it. This allows sufficient time in case the original check is required for any reason.
8. You are prohibited from duplicate scanning, negotiating, and/or depositing the same original check, or substitute of that original check, using our remote deposit SYSTEM Service or by any other means. If you or anyone else presents a check or substitute check for deposit more than once, in violation of this Agreement, you agree to indemnify, defend, and hold us 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 understand you are responsible for the aggregate amount of any check that we have been asked to pay based on an original or substitute check that has already been deposited through the remote deposit SYSTEM Service. We may debit any such amount from your account or any of your other account(s) you hold with us in our sole discretion.
9. You must also ensure that the checks have not been altered, and that the photos sent via the remote deposit SYSTEM Service are an accurate depiction of the front and back of the original check to be deposited. You are solely responsible for the image quality of each check submitted through the remote deposit SYSTEM Service. Yosemite Farm Credit does not guarantee the quality even if you use a compatible mobile device.
10. You are responsible for any numerical errors on deposit data entry.
11. Checks submitted through the remote deposit SYSTEM Service are not deemed to be credited until accepted by Yosemite Farm Credit. Subject to the conditions for eligibility, if you deposit a check before our established cutoff time on a Business Day, we will consider that day to be the day the deposit is received by us. However, if you deposit a check after our cutoff time or on a non-Business Day, we will consider the day your deposit is received by us to be the next Business Day.
12. Some checks can take longer to process. If – at the time of deposit – we are going to hold any portion of your deposit, we will notify you of the hold (including when funds will be available).
13. You’ll know that your deposit is available when the amount appears online in the available balance of the eligible Account you selected when you submitted your mobile deposit. This balance may not reflect all of your transactions, such as checks you have written that have been approved but not yet submitted for payment by the merchant.
14. Crediting of each check received through the remote deposit SYSTEM Services is provisional, and each check may be returned for any reason permitted under this Online Banking Agreement or other reasons permitted under applicable law, including claims that a substitute check created from the check does not meet legal equivalence requirements under applicable law or that the information is incomplete or inaccurate.
15. Yosemite Farm Credit may, at its discretion, return or refuse to accept all or any part of a deposit to your account using the remote deposit SYSTEM Services at any time and will not be liable for doing so even if such action causes outstanding checks or other debits to your account to be dishonored and returned.
16. We may terminate the remote deposit SYSTEM Service at any time. You may stop using the remote deposit SYSTEM Service at any time. However, any image transmitted through the remote deposit SYSTEM Service shall be subject to this Agreement.
17. We may periodically audit and verify your compliance with this Section or for any other reason in connection with the remote deposit SYSTEM Service. You agree to cooperate and provide information or documents at your expense as may be reasonably requested by us in the course of such audit.
Mobile Applications. We may, in our sole discretion, offer access to eligible Accounts and SYSTEM Services through one or more mobile applications.
1. In order to use any mobile application, you must provide us with, and maintain, a valid mobile telephone number for which you are either the subscriber or are authorized by the subscriber to use.
2. We may, from time to time, make information or Account Documents for certain eligible Accounts, and certain SYSTEM Services, available through a mobile application. We may add to, delete, or change the eligible Accounts, System Services, information, and Account Documents available through a mobile application at any time, without prior notice to you.
3. Information concerning the available eligible Accounts, information, System Services, and Account Documents will be provided in the mobile application.
4. If we provide one or more mobile applications, you will need to provide a compatible mobile device and operating system and maintain connectivity between the mobile device and the Internet.
5. You may incur carrier charges for messages and data. The availability of Account Documents, SYSTEM Services, and information concerning Accounts and SYSTEM Services may be affected by your mobile carrier’s coverage area and policies concerning provision of services.
Online Delivery of Account Statements and Other Account Documents –We may, in our sole discretion, elect to deliver certain Account Documents electronically for certain eligible Accounts and for SYSTEM Services. If we do, you have the option to view, save, or print PDF versions of your eligible Account Documents.
1. If we post an Account Document to your online banking account, we will send you a notice by email to notify you that Account Document is available. To ensure that you continue to receive such email notifications, you must notify us of any changes or updates to your email address. We are not responsible for non-delivery if you do not maintain a valid email address with us. In some cases, we will continue to mail Account documents via U.S. mail, in our sole discretion, either instead of, or in addition to, delivering them electronically.
2. We may offer you additional options/preferences for delivery of various communications related to your eligible Accounts and SYSTEM Services. We may add to, modify, or delete any feature or term of any Account Document at our sole discretion.
3. We will determine from time to time which Accounts and SYSTEM Services are eligible for electronic delivery of Account Documents. You can check the eligibility of your Accounts and SYSTEM Services by signing on to the SYSTEM.
4. For some eligible Accounts and SYSTEM Services, we may offer you the option to elect whether you wish to receive delivery via U.S. mail or electronically. If we do, and you elect electronic delivery, we may still deliver any Account Document to you by U.S. Mail, in our sole discretion. If we offer delivery preferences, those delivery preferences can be changed by any account owner or other Authorized Representative, and the new delivery preference will apply to all owners and Authorized Representatives of that account.
5. Depending on the Eligible Account or SYSTEM Service, one or more of the following may be true:
  - Some eligible Accounts and SYSTEM Services automatically come with online-only delivery for Account Documents. This means you will no longer receive paper Account Documents, unless required by law or regulation.
  - For eligible Accounts and SYSTEM Services that don’t automatically come with online-only delivery, you may be able to choose online-only delivery for that eligible Account or SYSTEM Service.
6. For eligible deposit Accounts, you may be able to view online images of the individual checks posted to your Account. We may, in our sole discretion, elect to provide these images instead of returning cancelled checks to you. You can ask us to mail a photocopy of a canceled check to you.
7. You can access your electronically delivered Account Documents on the Website.
8. Account statements are available online for up to 18 months, depending on the type of eligible Account. Statements for some other types of eligible Accounts are available for shorter time frames. If you didn’t choose, or were not assigned to, online-only delivery when the Account was first opened, there may be a gap in the historical statements available online for some types of eligible Accounts.
9. For some types of eligible Accounts and SYSTEM Services, there may be a delay of up to several weeks after you enroll in online banking, or the Account or SYSTEM Service becomes available, before you can start viewing Account Documents online. You can still request historical Account Documents (fees may apply); please refer to the applicable Account agreement and disclosures for details.
10. If you close your Account, your online Account Documents for that Account will be available for viewing, downloading, or saving for at least 90 days after the date of closure. If you terminate your enrollment in the SYSTEM, you will not have access to SYSTEM Service Account Documents after the termination date.
11. We always reserve the right to communicate with you in writing using U.S. Mail, regardless of what other options you have chosen.
12. We may terminate online delivery of Account Documents to you for one or more eligible Accounts or SYSTEM Services, without notice. We may revoke your online-only delivery option and change your delivery preference to U.S. Mail if you do not maintain a valid email address.
Online Delivery of Tax Documents – In our sole discretion, the Account Documents we provide to you electronically may include year-end tax documents for certain Account types. This option may be available regardless of whether we also mail your paper tax documents. You are entitled to receive paper versions of your tax documents by U.S. Mail. If we offer, and you select, online as your delivery preference, you are consenting to receive those tax documents electronically instead. Please note the following:
1. Your consent applies to all the tax documents you have designated for online delivery. The consent for each form designated will remain in effect for every year that form is required to be furnished until the consent is withdrawn in the manner provided below. Tax documents will remain available to you online until at least October 15 of the year in which they are delivered for eligible Accounts, unless you earlier terminate your access to the SYSTEM.
2. You may withdraw your consent to electronic delivery by changing your delivery preferences back to U.S. Mail by calling customer service at 1-866-837-1838. Note that delivery preference changes may take up to two Business Days to take effect. Depending on timing, delivery preference changes for tax documents may not take effect for the upcoming tax season. You will receive confirmation via email of any change to your delivery preference. Should you change your delivery preference to U.S. Mail, this email will be the written confirmation of your withdrawal of consent to electronic delivery of tax documents only.
3. You may obtain a paper copy of any tax document we deliver electronically by calling customer service at 1-866-837-1838. Requesting a paper copy of your electronically-delivered tax document does not change your delivery preference or withdraw your consent to electronic delivery.
4. If you close the related Account or end your online banking relationship with us, tax documents will no longer be delivered to you electronically.
5. You may update your contact information and email address either on the website or by calling us at 1-866-837-1838
6. The hardware and software you need to access and print your tax document includes:
  - a current version of an Internet browser we support;
  - a current version of a program that accurately reads and displays PDF files (such as Adobe Acrobat Reader); and
  - a computer and an operating system capable of supporting all of the above.
7. You will also need a printer if you wish to print out and retain records on paper and electronic storage if you wish to retain records in electronic form.
Alerts – We may, in our sole discretion, automatically send you certain alert messages via email, text message, push notification, and/or by other means, including to your mobile device or to any phone number you have provided to us. These messages may include notifications about potential fraud on your Accounts, , recent account activity, or changes to your online profile. We may also, in our sole discretion, offer from time to time a subscription-based service for receiving alerts (“Alerts Subscription”) that you can opt-in to receive. If we offer an Alerts Subscription and you subscribe, you may be able to choose to receive eligible alerts through (as available) email message(s), text message(s), push notification(s), and/or by other means. You agree that:
1. Alerts may be sent unencrypted, and may include your name and information pertaining to your Account(s); and
2. You will not alter the content of any alert message that we send to you.
Bank-to-Bank Transfers – We may, in our sole discretion, offer a transfer SYSTEM Service allowing you to transfer funds between your Accounts with us and your Accounts at other domestic U.S. banks. Not all types of Accounts may be eligible for the transfer SYSTEM Service. We may decline the use of any Account that we believe may present a risk to you and/or us. Note that if your transfer is executed using our separate wire transfer service and not the transfer SYSTEM Service, and you have executed a separate agreement with us covering wire transfer services, then that agreement will govern the wire transfer.
1. Transactions the service will support may include one or more of the following types of fund transfers:
  - Between eligible Accounts;
  - Between eligible Accounts and accounts at other U.S. financial institutions; and
  - From accounts at other U.S. financial institutions to make payments to your Accounts with us.
2. If your eligible Accounts and/or access to the SYSTEM Service are terminated for any reason, you will have no further right or access to use our bank-to-bank transfer services.
3. We may verify the external accounts that you add to the Service. You authorize us to validate the external accounts in a manner selected by us. We may require you to submit proof of ownership of such account(s).
4. Every time you use our transfer Service, you are representing and warranting to us that:
  - You are an authorized representative on the Account held with us and at any other U.S. financial institution;
  - Your account at any other U.S. financial institution is located in the United States;
  - Your transfers are permitted under your agreement with the other U.S. financial institution and under applicable law;
  - You have the right to authorize and permit us to access your Accounts to complete such fund transfers or for any other purpose authorized by these terms;
  - By disclosing to us and authorizing us to use Account information and complete the transfer you are not violating any third-party rights; and
  - Information you provide to us is true, current, accurate, and complete.
5. You authorize and permit us to use information you submit to make transfers.
6. We will not be responsible for any acts or omissions by any other U.S. financial institution, including any modification, interruption, or discontinuance of any account by such financial institution or by any other third party, or any fees (including overdraft) that the other U.S. financial institution may charge you.
7. We may, from time to time, establish various requirements and limitations with respect to the type of transfers, frequency of transfers, and dollar amount of transfers. We may establish, add, delete, and change features of the transfer Service. We may do any of these things without prior notice to you. Details concerning the requirements, limitations, and features we establish will be available through the SYSTEM.
8. Upon learning that the fund transfer could not be completed, we may, but are not required to, make a reasonable effort to complete the transfer again. If the fund transfer fails, we will notify you to contact the other financial institution to learn more about the failure.
9. All transfer instructions are accepted by us only when they are executed, and not before. We reserve the right to decline: (i) any fund transfer, (ii) to submit fund transfer instructions or orders, or (iii) to carry out change or cancellation requests.
10. You represent and warrant to us that you have enough money in the account to make any funds transfer you request that we make on your behalf through the transfer Service, and you are solely responsible for any fees or other penalties that may be assigned by your financial institution for a funds transfer that exceeds your account balance(s). If we receive a transfer request against your eligible Account and there are not enough available funds in your Account to cover the transfer, we may at our sole discretion:
  - Cover the transfer and create an overdraft to your Account; or
  - Decline the transfer.
11. We may make this decision regardless of whether we may have previously honored or dishonored overdrafts. Fees may vary depending on the action we take. Any negative balance on an Account with us is governed by the applicable agreement for that Account, including fees that may apply.
12. Payments that are in process cannot be canceled or stopped. If our funds Service offers recurring and/or future one-time transfers, you may cancel any transfer as long as we receive the request before the process date or other applicable cut-off time of the one-time transfer or the next scheduled recurring transfer. Procedures for cancelling recurring or future transfers will be available through the SYSTEM.
13. You agree that your transfer instructions are the authorization for us to complete the fund transfer. You authorize us to select any means to execute your fund transfer instructions, such as the Automated Clearing House (ACH), check, or other clearing service. You will be bound by the rules, laws, and regulations that govern the applicable fund transfer systems, such as ACH rules as published by the National Automated Clearinghouse Association (Nacha) or Article 4A of the Uniform Commercial Code.
14. We will make all reasonable efforts to process your transfer requests in a timely manner; however, we reserve the right to hold funds pending settlement or for such period of time as we deem necessary, in our sole discretion, to cover items which may be returned unpaid.
15. To complete your fund transfer, we may utilize ACH transfers or another third party network which will result in a debit to one of your accounts and a credit to another of your accounts. For ACH debit entries (which debit your account at the other financial institution and credit your eligible Account), we may hold the funds for several days to assure that the funds are final. If any debit ACH transaction is returned for any reason and the payment has been credited to your eligible Account, you authorize us to debit your eligible Account, in whole or in part, for the amount of the returned item and any applicable fees resulting from the return.
16. Depending on the type of transfer or the type of Account, we may charge fees for the use of the transfer SYSTEM Service, and for any additional services or features that we may introduce. We will notify you of such charge in advance of the transaction. If you choose to proceed with the transaction, you authorize us to debit your Account in the amount indicated. You agree to pay all fees associated with the use of the transfer SYSTEM Service. Note that your mobile carrier’s message and data rates may also apply.
17. Subject to applicable law or regulation, we may suspend or terminate your right to use our transfer SYSTEM Service at any time and for any reason.
18. IF THE INSTRUCTIONS FOR A TRANSFER UNDER THE TRANSFER SERVICE IDENTIFY A BANK OR BENEFICIARY BY NAME AND ACCOUNT NUMBER, WE OR THE RELEVANT FINANCIAL INSTITUTION MAY EXECUTE THOSE INSTRUCTIONS BY REFERENCE TO THE ACCOUNT NUMBER ONLY, EVEN IF THE ACCOUNT NUMBER DOES NOT CORRESPOND TO THE NAME. YOU AGREE THAT NEITHER WE NOR THE RELEVANT FINANCIAL INSTITUTION WILL HAVE RESPONSIBILITY TO INVESTIGATE DISCREPANCIES BETWEEN NAMES AND ACCOUNT NUMBERS.
19. WE MAY RELY ON THE INFORMATION YOU PROVIDED, AND YOU AUTHORIZE US TO ACT ON ANY INSTRUCTION, WHICH HAS BEEN OR REASONABLY APPEARS TO HAVE BEEN SENT BY YOU OR YOUR AUTHORIZED REPRESENTATIVE, TO SUBMIT FUND TRANSFER INSTRUCTIONS ON YOUR BEHALF. FINANCIAL INSTITUTIONS RECEIVING THE FUND TRANSFER INSTRUCTIONS MAY RELY ON SUCH INFORMATION. WE ARE NOT OBLIGATED TO TAKE ANY FURTHER STEPS TO CONFIRM OR AUTHENTICATE SUCH INSTRUCTIONS AND WILL ACT ON THEM WITHOUT GETTING FURTHER CONFIRMATION. IF YOU OR YOUR AUTHORIZED REPRESENTATIVE PROVIDE US WITH INCORRECT INFORMATION OR IF THERE IS ANY ERROR IN YOUR INSTRUCTION, WE WILL MAKE ALL REASONABLE EFFORTS TO REVERSE OR DELETE SUCH INSTRUCTIONS, BUT YOU ACCEPT FULL RESPONSIBILITY FOR LOSSES RESULTING FROM ANY OF YOUR ERRORS, DUPLICATION, AMBIGUITIES, OR FRAUD IN THE INFORMATION THAT YOU OR YOUR AUTHORIZED REPRESENTATIVE PROVIDES.
20. We are not responsible for errors, delays, and other problems caused by or resulting from the action or inaction of other financial institutions, unless otherwise required by law or regulation.
21. Please see the section of this Agreement titled “Regulation E Disclosure” for special terms and conditions that apply to electronic fund transfers that debit or credit a consumer checking, savings, or other asset Account and are subject to Regulation E.
22. If we do not process a fund transfer instruction on time, if we cause an incorrect amount to be removed from an Account or if we cause funds from an Account to be transferred to any account other than the Account specified in the applicable fund transfer instruction, we shall be responsible for returning the improperly transferred funds and/or for directing any misdirected funds to the proper Account.
23. We are not liable for any costs, fees, losses or indirect, special, or consequential damages of any kind incurred as a result of your use of the transfer Service or the completion or failure of any funds transfer.
24. The Financial Institution at which your account is maintained may contact us to verify the content and authority of fund transfer instructions and any changes to those instructions. In connection with the transfer SYSTEM Service, we may provide to that financial institution such information as may be required to verify the instructions and the verification may constitute a valid security procedure under the rules governing that account.
25. You permit us to authorize the other financial institution to accept funds and transfer instructions in accordance with any authorization procedures you and such financial institution have agreed upon, or that we, on your behalf, and such financial institution have agreed upon, without verifying the instructions under the established security procedures, regardless of whether you agreed to the security procedures or we agreed on your behalf. In addition, we may authorize such financial institutions to charge and debit your Accounts based solely on these communications.
Bill Payment – We may, in our sole discretion, offer a bill payment SYSTEM Service. Users of the bill payment System Service are subject to our separate Bill Payment Terms of Service.
Use of Email For SYSTEM Account Information –You agree that the SYSTEM can provide certain account information via email through the use of automated system notices and that, by enabling these notices, you authorize the release of such information via electronic means to the email address you have provided. You agree to notify us immediately of any change in your email address.
Third-Party Services and Content – We may offer information, commentary, and software tools or products supplied by companies not affiliated with us (“Third-Party Services and Content”). Third-Party Services and Content offered or available on the SYSTEM may be available either in a frame, via a hyperlink, or simply posted to the SYSTEM. We do not own any interest in, edit, review, or endorse any Third-Party Services or Content. You understand and agree that:
1. Any Third-Party Services Content you review or use is provided to you “as available” and “as is.”
2. We are not liable to you for:
  - Your inability to access or use the Third-Party Services or Content.
  - The accuracy, timeliness, loss or corruption, or misdelivery of any eligible Account information or any other information processed by the Third-Party Services or Content.
  - Unauthorized access to your eligible Accounts or to your account information and any misappropriation, or alteration, of your account information or data as a result of your installation or use of the Third-Party Services and Content, except as otherwise provided by law or regulation (including, to the extent applicable, the protections described in the section of this Agreement titled “Regulation E Disclosures”).
3. You assume all risk that unauthorized third parties may access any Third-Party Services and Content you download and install, or any information you enter into the Third-Party Services and Content.
4. If you use the Third-Party Services and Content to transmit information, you and the Third-Party provider are responsible for the security and confidentiality of that information.
5. Any Third-Party Services and Content you review, rely upon, act upon, or download is your own risk and you alone are responsible for any resulting losses you incur or damage to your computer or other electronic device, including, without limitation, any corruption or loss of data that might occur as a result.
6. You are solely responsible for acquiring and maintaining a computer or other electronic device that can handle and access any Third-Party Services or Content, and you are responsible for all associated costs.
7. You further agree that we make no warranties and have no liability as to:
  - The accuracy, completeness, availability, or timeliness of the information, text, graphics, or other items provided, stored, evaluated, or processed through the Third-Party Services and Content;
  - Any errors or omissions in the delivery or transmission of the Third-Party Services and Content from us to you (and “you” includes, for this purpose, delivery to your devices and any software loaded on those devices); and
  - The Third-Party Services and Content’s fitness for a particular purpose and non-infringement of any third-party rights.
8. Some states do not allow limitations on how long an implied warranty lasts so that the above limitations may not apply to you and that you may also have other rights, which may vary from state to state.
Change in Terms and Consent to this Agreement –We reserve the right to add or delete terms, or change the terms, of this Agreement at any time in our sole discretion. If any changes are made, the revised Agreement will be updated and posted on this website. Generally, a change in terms will become effective twenty-one (21) days after the date notice is posted on the website (except as otherwise required by Regulation E, if applicable). We may also, in our sole discretion, provide other notice of a change in terms in accordance with this Agreement. You may not be required to click “I Accept” after your initial enrollment and consent to this Agreement in order to consent to any change in terms. However, your or your Authorized Representative’s continued use of the SYSTEM after the effective date will confirm your consent and agreement to be bound by this Agreement, as amended by the new terms. You should review these terms from time to time. If we determine, in our sole discretion, that any change is needed immediately, we will post notice that such change becomes effective immediately. You are always free to reject any change in the terms of this Agreement by discontinuing use of the SYSTEM to access your accounts. Users of the SYSTEM have no right to expect the continuation of any part of the SYSTEM nor any products and services that are described or offered through the SYSTEM. Changes to fees or specific terms for eligible Accounts are governed by the corresponding specific agreement governing that eligible Account.
Disclaimer of Warranty and Limitation of Liability –The information and materials contained as part of the SYSTEM are provided on an “as is” and “as available” basis, without any warranties whatsoever about the nature or content (either when posted or as a result of the passage of time) of any material on the SYSTEM, and without any representations or guarantees.
1. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a for a particular purpose, title, and non-infringement in connection with the SYSTEM or SYSTEM Services provided to you under this Agreement.
2. Yosemite Farm Credit does not warrant the accuracy, adequacy, or completeness of this information and materials, and it expressly disclaims liability for errors or omissions in this information and materials. In addition, Yosemite Farm Credit makes no representations, warranties, or guarantees that the SYSTEM will be secure, accessible continuously, and without interruption or error free.
3. To the extent that you might otherwise believe that any warranties, guarantees, or representations have been made to you, you hereby agree that such statements, whether made orally or in writing, are to be construed as merely non-binding expressions of policy rather than affirmative representations, obligations, guarantees, or warranties.
4. In the event of any conflict between this section and other terms and provisions of this Agreement, this section shall be construed to take precedence.
5. 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 damages (including without limitation any direct, indirect, special, incidental, or consequential damages), losses or expenses that arise in connection with services or products provided under this Agreement, or your use of or access to the SYSTEM or SYSTEM Services, or the inability of anyone to use the SYSTEM or SYSTEM Services, or for any claims by any third parties, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Yosemite Farm Credit and its affiliates exceed the amounts paid by you for the services provided to you through the SYSTEM.
SYSTEM Access Violations/Indemnification –YOUR ACCESS PRIVILEGES ARE CONDITIONED ON YOUR ADHERENCE TO THE TERMS OF THIS AGREEMENT. IF YOU VIOLATE ANY OF THE TERMS OF THIS AGREEMENT, YOU AGREE THAT YOSEMITE FARM CREDIT MAY DENY YOU ACCESS TO THE SYSTEM. YOU FURTHER AGREE, AT YOUR OWN EXPENSE, TO DEFEND AND INDEMNIFY YOSEMITE FARM CREDIT AND HOLD YOSEMITE FARM CREDIT HARMLESS AGAINST ALL CLAIMS ARISING IN ANY MANNER WHATSOEVER WHICH MAY BE ASSERTED AGAINST YOSEMITE FARM CREDIT, AND ALL LOSSES ARISING ON ANY MANNER WHATSOEVER AND INCURRED AS A RESULT OF ANY VIOLATIONS OF THIS AGREEMENT. YOSEMITE FARM CREDIT RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND SUCH ASSUMPTION WILL NOT RELIEVE YOU OF YOUR INDEMNITY OBLIGATIONS. IF ASKED TO DO SO, YOU AGREE THAT YOU WILL NOT ATTEMPT TO ACCESS THE SYSTEM WEBSITE.
Virus Protection and Other Liability Limitations – Yosemite Farm Credit is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs, drives, and removable media using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files, and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. You are solely responsible for the selection, installation, maintenance, and operation of your personal computer, wireless device, and software. Yosemite Farm Credit expressly disclaims any and all liability as it relates to the improper use of your personal computer, wireless device, and the transmission of data except as provided by statute. Yosemite Farm Credit is not responsible for any errors or failures due to any malfunction of your personal computer, wireless device, or the software, or unsuitability of your personal computer, wireless device, or software, or any virus, or any problems that may be associated with the use of an online service.
Hyperlinks to Third Party Websites or Content –Yosemite Farm Credit provides hyperlinks to third party websites as a convenience to you and has no control over the content posted at these websites, nor does Yosemite Farm Credit make any representation as to the content of these websites. Hyperlinks to other internet resources are to be used by you at your own risk. The content, accuracy, opinions expressed, and other links provided by these resources may not be investigated, verified, or monitored by Yosemite Farm Credit, and such links are not endorsed by Yosemite Farm Credit unless otherwise specifically stated. If you believe that Yosemite Farm Credit has provided a hyperlink to a website that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask you to notify Yosemite Farm Credit so that we may evaluate whether to disable it.
Your Right to Terminate Access to the SYSTEM –You may cancel your SYSTEM service at any time by providing us with written notice by postal mail, fax, or email at [email protected] Your access to the SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
Our Right to Terminate Your Access to the SYSTEM –You agree that we can terminate or limit your access to SYSTEM Services for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your Yosemite Farm Credit accounts; SYSTEM Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers, and debits; (2) Upon 3 business days’ notice, if you do not contact us to designate a new Primary Loan Account immediately after you close your Primary Loan Account; and (3) Upon reasonable notice, for any other reason in our sole discretion.
Communications between Yosemite Farm Credit and You – Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: (1) Email -You can contact us by email at [email protected] (please note that banking transactions through the SYSTEM are not made via email); (2) Telephone – You can contact us, toll free, by telephone at the Yosemite Farm Credit office 1-866-837-1838; (3) Postal Mail – You can write to us at Yosemite Farm Credit, PO Box 3278, Turlock CA 95381, or local branch office and (4) In Person – You may visit us in person at any one of our locations.
Delivery of Notices and Other Account Documents. Notwithstanding any other provision of this Agreement or any other agreement you have with us, all notices and other Account Documents required under this Agreement and other information concerning this Agreement, your Accounts and System Services (“Communications”) may be personally delivered or sent by first class mail, postage prepaid, by overnight courier. In addition, we may, in our sole discretion, send such Communications to you electronically in the manner described in this Section.
1. Communications sent by personal delivery, mail or overnight courier will be sent to the addresses on the signature page of this Agreement, or to such other addresses as you and we may specify from time to time. Communications shall be effective (i) if mailed, upon the earlier of receipt or five (5) days after deposit in the U.S. mail, first class, postage prepaid, or (ii) if hand-delivered, by courier or otherwise (including telegram, lettergram or mailgram), when delivered.
2. Communications may be sent electronically by us to you:
  - By transmitting the Communication to the electronic address provided by you or to such other electronic address as you may specify from time to time, or
  - By posting the Communication on the SYSTEM or another website and sending you a notice to your postal address or electronic address telling you that the Communication has been posted, its location, and providing instructions on how to view it.
  - To the extent permitted by law, by posting the Communication to the SYSTEM.
3. Communications sent electronically to you will be effective when the Communication, or a notice advising of its posting, is sent to your electronic address. If we provide notice by posting the Communication to the SYSTEM, the Communication will be effective when posted or otherwise as specified in the Communication.
4. The electronic address we may use includes an address for email or SMS text messages. You consent to us using an automatic telephone dialing system to send text messages to your mobile/cellular telephone number. Our text messages to your mobile/cellular telephone numbers could result in charges to you from your mobile carrier.
Changes to Contact Information. You agree to notify us immediately if you no longer own or you are no longer authorized to use or share your address, E-Address, or phone number you previously provided to us. We may act on instructions purportedly made on your behalf within a reasonable time after we receive them. Unless you instruct us otherwise, we may change the U.S. Postal Service address or electronic address only for the Account(s) you specify, or for all or some of your other Account(s) with us. Address changes may be initiated:
1. At your request.
2. If we get an address change notice from the U.S. Postal Service.
License Permission and Use Restrictions –The SYSTEM is intended for use by customers of Yosemite Farm Credit located within the United States of America. We make no claims that the SYSTEM or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the SYSTEM from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are an international user, please also refer to the Privacy Policy for information on how your personal information is handled. You are hereby granted a non-exclusive license to use this website. You are granted a nonexclusive, revocable license to copy or print one unaltered permanent copy of website materials for your personal use – noncommercial use only. Except as expressly provided herein, all rights are reserved. Except to the extent required for the limited purpose of reviewing material on Yosemite Farm Credit’s website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use of any of the content of this website is strictly prohibited. You may not display this website in frames (or any of the content via links) without Yosemite Farm Credit’s express written permission. No permission is given to print, copy reproduce, distribute, publicly display, perform, publish, transmit, upload, download, store, license, create derivative works from, alter, or modify materials, transfer, or sell anything obtained from this website. You agree that you will not use (or allow others to use) the website or any information contained on it for any wrongful, unauthorized, or unlawful purposes. You also agree to indemnify and hold us and our affiliates harmless from and against any loss, damage, or expense (including but not limited to attorney’s fees) incurred because of any such use.
Copyright– Yosemite Farm Credit or a third-party vendor owns the copyright to the pages, content, and the screens displaying the information that appears on the website and the SYSTEM.
Trademarks and Service Marks – Yosemite Farm Credit or a third party vendor owns the trademark and service mark rights in marks contained in the website and SYSTEM pages.
Good Samaritan, Third Party Content Policy – It is the policy of Yosemite Farm Credit not to tolerate any acts of intellectual property infringement or violations of U.S. Law or to allow any child pornography or obscene or defamatory material to be posted at this website. Yosemite Farm Credit will do its best, in good faith, to remove, disable, or restrict access to or the availability of material that, in its subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this section are intended to implement this policy but are not intended to impose a contractual obligation on Yosemite Farm Credit to undertake, or refrain from undertaking, any particular course of conduct.
Unsolicited E–Mail, Spamming and Spoofing – You may not use this website to transmit unsolicited e-mail. You may not send unsolicited e-mail to this website or to anyone whose e-mail address includes the domain name used on this website. You may not use Yosemite Farm Credit’s domain name as a pseudonymous return e-mail address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof another’s identity when using this website.
Export Control and International Use — The U.S. government controls the export (including downloads) of products and information containing encryption (“Protected Software”) under the Export Administration Regulations (“EAR”). The SYSTEM may contain Protected Software subject to the EAR. In your use of the SYSTEM, you agree:
1. Not to access or download Protected Software from any country where such access or download is prohibited by U.S. export control laws.
2. That you’re not a person or entity to whom such access or download is prohibited.
3. If you access the SYSTEM from locations outside the United States, then you do so at your own risk and are responsible for compliance with local laws. The SYSTEM is hosted in the United States. If you are accessing the SYSTEM from outside the United States, you may be subjecting yourself to United States law, which may differ from your local laws, including laws governing personal data collection, storage, deletion, processing, use, and disclosure. In your use of the SYSTEM, which is governed by United States law, including certain economic sanctions laws and regulations, and this Agreement, you may transfer certain personal information to the United States, you consent to that transfer, and you consent to the application of United States law. You acknowledge that your use of the SYSTEM is subject to the United States government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the SYSTEM Service and any associated software. You agree that you will not directly or indirectly use, export, re-export, or transfer any of the SYSTEM except in compliance with applicable U.S. export laws and regulations.
Jurisdiction and Governing Law – You will be deemed to have agreed to the exclusive jurisdiction of the State and Federal courts of the State of California, USA, for resolution of any dispute you have relating to the goods or services offered or promoted herein, or to this agreement. The laws of the State of California (excluding its conflict of laws rules) will be applied to any dispute, regardless of where it is heard, and these terms and conditions are governed by the laws of the State of California (excluding its conflict of laws rules).

Service Provider’s Terms of Use and Privacy Policy

Yosemite Farm Credit is contractually required by the Provider (defined below) to include the following information.

The primary licensor for the online and/or mobile banking service you are using (the “Service”) is Jack Henry & Associates, Inc. (the ” Provider”). By enrolling in our Service, you hereby agree as follows:

General. The Provider is not the provider of any of the financial services available to you through the Service, and the Provider is not responsible for any of the materials, information, products or services made available to you through the Service.
Provider Privacy Policy. Provider may access personal information while you use the Service. Provider may access records held by your financial institution for such information as your phone number, home address or email address. Provider will use this contact information to alert you about Service-related events or actions that require your attention. If you grant permission to use phone information, Provider will use the phone number to pre-populate forms that expect a personal phone number for contacting. If you grant permission to use your device’s location, Provider will use the data when checking for nearby branch and ATM locations. If you grant permission to use access photos, media or other files stored on your device, Provider will use that information to add an image to a transaction, to attach a document to chat, and add a photo to your profile. If you grant permission to use a camera, Provider will use it when taking a picture to add an image to a transaction or to capture images of a check that is being deposited or to add a photo to your profile. In addition to this Provider Privacy Policy, your financial institution maintains a privacy policy covering the personal and financial information related to your use of the financial institution’s services and products, including such information that may be gathered through use of this Service, such as the “Account Information” and “Registration Information” described below. A copy of that privacy policy is available from your financial institution.
Source of Information. The Service, at your direction, will retrieve your information maintained online by financial institutions and billers with which you have customer relationships, maintain accounts or engage in financial transactions and other log-in related information (“Account Information”). Provider does not review, verify or analyze the Account Information for accuracy or any other purpose, but simply gathers, organizes and reports available Account Information to you. Technical difficulties may result in a failure to obtain data, a loss of data, a loss of personalized settings or other service interruptions. Account Information is timely only to the extent that it is promptly provided by the third-party sites. Account Information may be more complete or up to date when obtained directly from the third-party sites.
Your Responsibility for Information. You are responsible for providing Provider with accurate and updated (as necessary) account numbers, user names, passwords and other log-in related information (“Registration Information”) so that the Service is able to access Account Information. If you become aware of any unauthorized use of your Registration Information, you should notify your financial institution immediately.
Rights You Grant to Provider. By submitting data, passwords, user names, PINs, log-in information, materials and other Registration Information to Provider through the Service, you are voluntarily supplying that content to Provider for the purpose of providing the Service to you. By submitting such information to Provider, you represent that you are entitled to submit it to Provider for use for this purpose, without any obligation by Provider to pay any fees. By using the Service, you expressly authorize Provider to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. Provider will submit information including user names and passwords that you provide to log you into the site. You hereby authorize and permit Provider to use and store the information submitted by you (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information. You acknowledge and agree that when Provider is accessing and retrieving Account Information from the third-party sites, Provider is acting on your behalf and not on behalf of the third party. You acknowledge that certain risks are inherent in the transmission of information over the internet, and you agree that by using the Service you are assuming those risks.
Consent to Use of Data. You agree that Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services (if any) related to the Service. Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or provide services or technologies.
Disclaimer of Warranty. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. NO WARRANTY IS PROVIDED THAT THE SERVICE WILL BE FREE FROM DEFECTS OR VIRUSES OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. YOUR USE OF THE SERVICE AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, PROVIDER’S LIABILITY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF $250. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Analytics. To assist Provider in maintaining and improving this application, Provider uses multiple analytics and logging platforms to gather information about usage of the Service. For example, it tracks how many visitors the Service has, which screens they spend time on, what kinds of operating systems and devices they use, and how they found the Service. Analytics platforms do not track, collect or upload any data that personally identifies an individual (such as a name, email address, account number or billing information), or other data which can be reasonably linked to such information. The information helps Provider improve the performance of this Service for you.
Additional Service Provider – CoBank. You agree with Yosemite Farm Credit and CoBank, ACB (“Service Provider”) that the Service Provider may consider you to be its customer solely for purposes of the money transmittal aspects of the Service(s) that Yosemite Farm Credit provides to you under this Agreement and for which the Service Provider provides services to Yosemite Farm Credit, using accounts at the Service Provider in Yosemite Farm Credit’s name and/or your name. You also agree with Yosemite Farm Credit and the Service Provider that you will not bring any claims, disputes, demands, actions, suits, or other litigation, arbitration, or other dispute resolution or administrative proceedings (collectively, “Claims”) against the Service Provider, and any Claims relating to the Service Provider’s acts or omissions will be brought directly against Yosemite Farm Credit to the same extent as if Yosemite Farm Credit had performed that portion of the Services itself.
Miscellaneous. This End User Agreement constitutes the entire agreement between you and Provider concerning the subject matter hereof. This End User Agreement will be governed by and construed in accordance with the laws of the state of Iowa, excluding that body of laws pertaining to conflict of laws. If any provision of that portion of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this End User Agreement are subject to the exclusive jurisdiction of the courts of Iowa and you expressly consent to jurisdiction and venue thereof and therein. This End User Agreement and all related documentation are and will be in the English language. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly waived and excluded.

Security Information
- Yosemite Farm Credit is dedicated to protecting your privacy and information.
- This Online Banking System utilizes a comprehensive security strategy to protect accounts and transaction. Read the Online Banking Agreement, below, for more details.
Online Banking Agreement and Disclosures
- Online Banking Agreement and Disclosures FOR NON-CONSUMER ACCOUNTS
- For the Consumer Accounts Agreement, see the following section below.
- This Online Banking Agreement and Disclosures for Non-Consumer Accounts and the General Online Banking Terms and Conditions for Non-Consumer and Consumer Accounts (collectively, the “Online Banking Agreement” or the “Agreement”), which includes the Online Banking Enrollment Form, is a contract establishing the rules that cover your electronic access to your Non-Consumer accounts at Yosemite Farm Credit through Yosemite Farm Credit’s Online Banking System (The “SYSTEM”). By using the SYSTEM, or by permitting another to use the SYSTEM on your behalf, you acknowledge receipt of this Agreement and agree to be bound by all terms and conditions of this Agreement and all applicable terms and conditions contained in our other agreements between you and Yosemite Farm Credit governing accounts accessible in connection with the SYSTEM. Please read the Agreement carefully and retain a copy for your records. The terms and conditions of the other agreements and disclosures for each of your Yosemite Farm Credit accounts continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal and state laws (except to the extent this Agreement can and does vary such rules or laws). 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. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. 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 subsequent default or breach. You may not assign or transfer this Agreement. This Agreement is binding upon Yosemite Farm Credit and you, and your respective heirs, executors, successors, and administrators, and is also enforceable by Yosemite Farm Credit’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Online Banking Enrollment Form, constitutes the entire agreement between you and Yosemite Farm Credit with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
- Definitions – As used in this Agreement, the words “we,” “our,” “us” and “Yosemite Farm Credit” mean Yosemite Farm Credit, ACA, Yosemite Lank Bank, FLCA and Yosemite Production Credit, PCA. “You” and “your” refer to the account holder authorized by Yosemite Farm Credit to use the SYSTEM under this Agreement and anyone else authorize by the account holder to exercise control over the account holder’s funds through the SYSTEM. “Account” or “accounts” means your loans and other accounts at Yosemite Farm Credit (excluding Consumer Accounts). “Electronic funds transfers” means pre-authorized transactions and transfers to and from your Yosemite Farm Credit accounts using the SYSTEM. “SYSTEM Services” means the services provided pursuant to this Agreement. “Business Day” means Monday through Friday. Holidays are not included. “Consumer Account” means a Yosemite Farm Credit, Yosemite Land Bank, FLCA or Yosemite Production Credit, PCA Account established primarily for personal, family, or household purposes. “Non-Consumer Account” means a Yosemite Farm Credit, Yosemite Land Bank, FLCA or Yosemite Production Credit, PCA Account established primarily or a business purpose or any other purpose other than a personal, family, or household purpose.
- Limits on Amounts and Frequency of SYSTEM Transactions
  - There is no limit on the number of transfers from your Yosemite Farm Credit accounts. There are limits on the amounts that may be transferred which is the applicable line of credit limit or available balance limit. If a hold has been placed upon a trust fund or other account for a future payment upon a trust fund or other account for a future payment or other purposed from which you wish to transfer funds, the transfer may be cancelled or modified by Yosemite Farm Credit at our discretion, with or without notice to you.
- Account Access – You may use your account to:
  - Withdraw cash from your account.
  - Make deposits to our account.
  - Transfer funds between your accounts whenever your request.
- Fees and Charges – You are responsible for telephone and Internet service fees incurred in connection with your use of the SYSTEM from your telephone company and/or Internet Service Provider. Yosemite Farm Credit does not currently charge any fees, but reserves the right to do so at any time. In the event fees and/or other charges are imposed for your use of SYSTEM Services, you agree to pay the fees and charges upon notice from us. In addition, you agree that all such fees and charges may be deducted from your Yosemite Farm Credit loan Account or other Account or paid in advance to Yosemite Farm Credit. If you close your Primary Loan Account, you must contact us immediately to designate another account as your Primary Loan Account. You also agree to pay additional reasonable charges for services you request not covered by this Agreement.
- Documentation – Periodic statements – You will not receive a separate SYSTEM statement. Transfers to and from your Accounts using the SYSTEM will appear on the respective periodic statements for your Accounts.
- Authorized and Unauthorized Transfers – You are responsible for all transfers and payments from any of your accounts, both authorized and unauthorized, including but not limited to the following:
  - You are responsible for all transfers and payments you initiate and authorize using the SYSTEM.
  - If you permit other persons to use the SYSTEM and your password, you are responsible for any transactions they authorize from any of your accounts.
  - If your password is lost, stolen, used without your authorization or otherwise compromised, or if someone has otherwise transferred money from your accounts without your permission, you are responsible for any transactions they authorize or otherwise carry out from any of your accounts.
- Contact in Event of Unauthorized Transfer – CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us at 1-866-836-1838 is the best way to reduce any possible losses. You could lose all the money in your line of credit or any other account.
- You must also notify Yosemite Farm Credit immediately, in accordance with its established procedures, if you discover any unauthorized electronic funds transfer, or have reason to believe that such a transfer has, or will, be made, or if you desire to cancel or amend a previous transfer request or designation of an authorized representative. You shall remain liable for any funds transfer request processed prior to the time at which Yosemite Farm Credit is able to prevent such additional transfers, whether or not such notice is given. You also agree to promptly review any and all statements issued by Yosemite Farm Credit and to immediately notify Yosemite Farm Credit of all discrepancies appearing on such statements.
- In Case of Errors or Questions about Your Electronic Transfers – In case of errors or questions about your electronic transfers, if you think your statement is wrong, or if you need more information about a transfer listed on your statement, immediately telephone us at 1-866-837-1838 or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA 95381 or e-mail us at [email protected]. When you contact us: (1) Tell us your name and loan account number; (2) Describe the error or 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 contact us by telephone or by email, we may require that you send us your complaint or question in the form of paper writing by postal mail or fax within a specified number of days. We will communicate the results of our investigation to you as soon as we are able, after you contact us, and will correct any error if we conclude an error was made. If we decide that there was no error, and had made a provisional credit prior to our decision, a corresponding debit will be made from your account.
- Preauthorized Payments – Stop Payment Procedures – If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:
- Call us at 1-866-837-1838, or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381, in time for us to receive your request 3 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 a specified number of days after you call.
- No Liability for Failure to Stop Payment – As described more fully in the paragraph entitled “Disclaimer of Warranty and Limitation of Liability” and other sections of this Agreement, we do not guarantee that the System will be error free and we are not liable for your losses or damages if we fail, for any reason, to stop a preauthorized payment, even if you had requested we stop the payment before the payment was scheduled to be made.
- Disclosure of Account Information and Transfers – We will disclose information to third parties about your account or the transactions you make:
  - Where it is necessary for completing transfers, or
  - In order to verify the existence and condition of your account for a third party, such as a credit bureau, or for a merchant in relation to transactions that you originate in the SYSTEM, or
  - In order to comply with government agency or court orders, or
  - If you give us your written permission
- Online Banking Agreement and Disclosures FOR CONSUMER ACCOUNTS
- For the Non-Consumer Accounts Agreement, see the section above.
- This Online Banking Agreement and Disclosures for Consumer Accounts (including the Regulation E Disclosure) and the General Online Banking Terms and Conditions for Non-Consumer and Consumer Accounts (collectively, the “Online Banking Agreement” or “Agreement”), which includes the Online Banking Enrollment Form, is a contract establishing the rules that cover your electronic access to your Consumer accounts at Yosemite Farm Credit through Yosemite Farm Credit’s Online Banking System (the “SYSTEM”). By using the SYSTEM, or by permitting another to use the SYSTEM on your behalf, you acknowledge receipt of this Agreement and agree to be bound by all terms and conditions of this Agreement and all applicable terms and conditions contained in our other agreements between you and Yosemite Farm Credit governing accounts accessible in connection with the SYSTEM. Please read the Agreement carefully and retain a copy for your records. The terms and conditions of the other agreements and disclosures for each of your Yosemite Farm Credit accounts continue to apply notwithstanding anything to the contrary in this Agreement. This Agreement is also subject to applicable federal and state laws (except to the extent this Agreement can and does vary such rules or laws). 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. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. 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 subsequent default or breach. You may not assign or transfer this Agreement. This Agreement is binding upon Yosemite Farm Credit and you, and your respective heirs, executors, successors, and administrators, and is also enforceable by Yosemite Farm Credit’s successors and assigns. Certain of the obligations of the parties pursuant to this Agreement that by their nature would continue beyond the termination, cancellation or expiration of this Agreement shall survive termination, cancellation or expiration of this Agreement. This Agreement, together with the Online Banking Enrollment Form, constitutes the entire agreement between you and Yosemite Farm Credit with respect to the subject matter hereof and there are no understandings or agreements relative hereto which are not fully expressed herein.
- Definitions – As used in this Agreement, the words “we,” “our,” “us” and “Yosemite Farm Credit” mean Yosemite Farm Credit, ACA, Yosemite Lank Bank, FLCA and Yosemite Production Credit, PCA. “You” and “your” refer to the account holder authorized by Yosemite Farm Credit to use the SYSTEM under this Agreement and anyone else authorize by the account holder to exercise control over the account holder’s funds through the SYSTEM. “Account” or “accounts” means your loans and other accounts at Yosemite Farm Credit (excluding Non-Consumer Accounts). “Electronic funds transfers” means pre-authorized transactions and transfers to and from your Yosemite Farm Credit accounts using the SYSTEM. “SYSTEM Services” means the services provided pursuant to this Agreement. “Business Day” means Monday through Friday. Holidays are not included. “Consumer Account” means a Yosemite Farm Credit, Yosemite Land Bank, FLCA or Yosemite Production Credit, PCA Account established primarily for personal, family, or household purposes. “Non-Consumer Account” means a Yosemite Farm Credit, Yosemite Land Bank, FLCA or Yosemite Production Credit, PCA Account established primarily or a business purpose or any other purpose other than a personal, family, or household purpose.
- Regulation E Disclosure
- Consumer Liability for Unauthorized Transfers – You are responsible for all transfers and payments you initiate and authorize using the SYSTEM. If you permit other persons to use the SYSTEM and your password, you are responsible for any transactions they authorize from any of your accounts. CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. You could lose all the money in your line of credit or any other account. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you can lose no more than $50 if someone used your password without your permission on your Account. If you do NOT contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, and we can prove we could have stopped someone from using your password to access your Account without your permission if you had told us, you could lose as much as $500. Also, if your statement shows transfers that you did not make, contact us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get any money you lost through transactions made after the 60 day time period 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 contacting us, we will extend the time periods. “Business days” means Monday through Friday. Holidays are not included.
- Contact in Event of Unauthorized Transfer – If you believe an unauthorized electronic funds transfer has been made or will be made, call: 1-866-837-1838 or write: Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381. You must also notify Yosemite Farm Credit immediately, in accordance with its established procedures, if you discover any unauthorized electronic funds transfer, or have reason to believe that such a transfer has, or will be made, or if you desire to cancel or amend a previous transfer request or designation of an authorized representative. Yosemite Farm Credit will take reasonable efforts to honor such cancellation or amendment notification. You shall remain liable for any funds transfer request processed prior to such notice or prior to the time at which Yosemite Farm Credit is reasonable able to prevent such additional transfers. You agree to promptly review all statements issued by Yosemite Farm Credit and to immediately notify Yosemite Farm Credit of all discrepancies appearing on such statements.
- Limits on Amounts and Frequency of SYSTEM Transactions – There is no limit on the number of transfers from your Yosemite Farm Credit accounts. There is a limit on the amount that may be transferred, which is the applicable line of credit limit or available balance limit. If a hold has been placed upon a trust fund or other Account for a future payment or other purposes from which you wish to transfer funds, the transfer ay be cancelled or modified by Yosemite Farm Credit. You will be notified of any such modification.
- Account Access – You may use your account to:
  - Withdraw cash from your account.
  - Make deposits to your account.
  - Transfer funds between your accounts whenever you request.
- Fees and Charges – You are responsible for telephone and Internet service fees incurred in connection with your use of the SYSTEM from your telephone company and/or Internet Service Provider. Yosemite Farm Credit does not currently charge any fees, but reserves the right to do so at any time. In the event fees and/or other charges are imposed for your use of SYSTEM Services, you agree to pay the fees and charges upon notice from us. In addition, you agree that all such fees and charges may be deducted from your Yosemite Farm Credit loan Account or other Account or paid in advance to Yosemite Farm Credit. If you close your Primary Loan Account, you must contact us immediately to designate another account as your Primary Loan Account. You also agree to pay additional reasonable charges for services you request not covered by this Agreement.
  - Per Transfer Charge – No charge
  - Fixed Charge – No charge
  - Average or Minimum Balance Charge – No charge
- Disclosure of Account Information and Transfers – We will disclose information to third parties about your account or the transactions you make:
  - Where it is necessary for completing transfers, or
  - In order to verify the existence and condition of your account for a third party, such as a credit bureau, or for a merchant in relation to transactions that you originate in the SYSTEM, or
  - In order to comply with government agency or court orders, or
  - If you give us your written permission
- Documentation – Periodic statements – You will not receive a separate SYSTEM statement. Transfers to and from your Accounts using the SYSTEM will appear on the respective periodic statements for your Accounts.
- Preauthorized Payments – Right to Stop Payment and Procedure for Doing so – If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here’s how:
- Call us at 1-866-837-1838, or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381, in time for us to receive your request 3 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.
- Preauthorized Payments – Liability for Failure to Stop Payment of Preauthorized Transfer – If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
- Our 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. However, there are some exceptions. We will not be liable, for instance:
  - If, through no fault of ours, you do not have enough money in your account to make the transfer.
  - If the transfer would go over the credit limit on your overdraft line.
  - If the SYSTEM was not working properly and you knew about the breakdown when you started the transfer.
  - If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
  - There may be other exceptions stated in our agreement with you.
- In Case of Errors or Questions about Your Electronic Transfers – In case of errors or questions about your electronic transfers, telephone us at 1-866-837-1838, or write us at Yosemite Farm Credit, P.O. Box 3278, Turlock, CA, 95381 or email us at [email protected] as soon as you can if you think your statement is wrong, or if you need more information about a transfer listed on your statement. We must hear from you no later than 60 days after we sent the FIRST statement upon which the problem or error appeared. When you contact us: (1) Tell us your name and loan account number; (2) Describe the error or 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 contact us by telephone or by email, we may require that you send us your complaint or question in the form of a paper writing by postal mail or fax within 10 business days. We will communicate the results of our investigation to you within 10 business days after you contact us, 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 provisionally 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 compete our investigation. If we ask you to put your complaint or question in the form of a paper writing and we do not receive it in the form of paper writing within 10 business days, we may not provisionally credit your account. For errors involving new accounts 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. If we decide that there was no error, we will send you a written explanation within 3 business days after completion of our investigation. You may ask for copies of the documents that we used in our investigation. If we have made a provisional credit, a corresponding debit will be made from your Account.
- General Online Banking Terms and Conditions (FOR NON-CONSUMER AND CONSUMER ACCOUNTS)
- The following terms and conditions apply to, and shall govern, your use of the SYSTEM whether you have Non-Consumer and/or Consumer accounts at Yosemite Farm Credit, in addition to the Privacy Policy, Online Banking Website Terms of Use, and any other agreement applicable to your use of the SYSTEM.
- Internet Security Information – Our Online Banking service utilizes a comprehensive security strategy to protect accounts and transactions conducted over the Internet. Additional information on many of the techniques and features employed by the SYSTEM can be viewed or printed from our website where the features are explained. In addition to our login security, we use TLS (Transport Layer Security) encryption technology for everything done in the SYSTEM. Your browser automatically activates this technology when it attempts to connect to our SYSTEM and it will support 2048-bit key lengths. Whenever TLS is securing your communications, the browser will typically indicate the “secure session” by changing the appearance of a small padlock icon at the top or bottom of the screen from open to locked depending on your internet browser. Communications from your browser to Yosemite Farm Credit have encryption. The encryption does not guarantee privacy but the encryption is intended to try to make it more difficult for third parties to read your communication.
- During your use of the SYSTEM, we will pass a “cookie” to your browser to identify you. We do not (and cannot) use our cookies to obtain new information about you. A “cookie” is security data given to a browser by a web server and returned by the browser on subsequent transmissions to identify the user and encryption information. When you log onto the SYSTEM, this cookie enables us to process multiple transactions during the session without you having to provide your Login ID and password for each individual transaction. After a predetermined amount of time set by our security system or when you log off, the session cookie is no longer accepted. When this happens, you must log back into Online Banking to receive a valid session cookie. A new cookie is used for each session, so that no one can use a previous cookie to access your account. For Cash Management users, a cookie may also be used to restrict access to a specific PC for conducting business transactions.
- Registration Process – The service requires the customer to complete the initial registration process. This involves either completing a secure online application or completing an application in person or mailing it to our office. The information on the application will identify everything we will need to enable your access to the SYSTEM. Once we verify the information you submitted for accuracy and authorizations, you will be notified when your account will be activated by mail and/or email.
- Access – To use the SYSTEM, you must have at least one loan account at Yosemite Farm Credit, have access to internet service and a valid email address. Once we have received your signed Enrollment Form and verified your account information, we will send you confirmation of our acceptance of your enrollment, along with your assigned Login ID and temporary password, by email or through the postal system. Initially, the SYSTEM can be used to access only the Yosemite Farm Credit accounts for which you are the primary borrower. You can add or delete any of your Yosemite Farm Credit accounts from this Agreement by contacting Yosemite Farm Credit. Access to your accounts through the SYSTEM will be based upon the identification of users and authority levels specified by you in your Enrollment Form. We undertake no obligation to monitor transactions through the SYSTEM to determine that they are made on behalf of the account holder. You agree to follow all instructions provided by Yosemite Farm Credit as reflected on your computer monitor, handheld computing device, personal digital assistant, and all Wireless Application Protocol enabled devices or e-mail or other system access screen.
- SYSTEM Services – You can use the SYSTEM to check the balance of your Yosemite Farm Credit accounts; view Yosemite Farm Credit account histories; transfer funds between select accounts, and change your address for your Yosemite Farm Credit accounts. Balance information is available as of approximately 10:00 p.m. Pacific Time of the previous business day. Balances reflecting “memo” transactions that have occurred during the day are available at various times during the business day. “Memo” transactions are transactions that have occurred during the day but have not yet been processed.
- Hours of Access to the SYSTEM – You can use the SYSTEM seven days a week, twenty-four hours a day, although occasionally some or all SYSTEM services may not be available due to emergency or scheduled system maintenance. We agree to post notice of any extended periods of non-availability on the SYSTEM website.
- Your SYSTEM Password – For security purposes, you are required to change your password upon your initial login to the SYSTEM. You determine what password you will use; the identity of your password is not communicated to us. You agree that we are authorized to act on instructions received under your password. You accept responsibility for the confidentiality and security of your password and agree to change your password regularly. Upon three unsuccessful attempts to use your password, your access to the SYSTEM will be locked. To re-establish your authorization to use the SYSTEM, you must contact us to have your password reset or to obtain a new temporary password. We recommend that you create a password that utilizes both upper- and lower-case alpha and numeric 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 or names of children, and should be memorized rather than written down. You agree to keep confidential and not to disclose or otherwise make your password available to anyone not authorized to sign on your accounts. If you authorize anyone to use your password, that authority shall continue until you specifically revoke such authority by changing the password or by notifying Yosemite Farm Credit and obtaining a replacement password. You understand that if you reveal your password to anyone you have authorized that individual to transfer and withdraw funds from any of your accounts which can be accessed by the password, regardless of whether that person is authorized to transfer or withdraw funds from the account(s) by any means other than by use of the SYSTEM.
- Security of SYSTEM Account – You understand the importance of your role in preventing misuse of your accounts through the SYSTEM, and you agree to promptly examine the statement for each of your Yosemite Farm Credit 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 password and Login ID are intended to provide security against unauthorized entry and access to your accounts. Data transferred via the SYSTEM is encrypted in an effort to provide transmission security; the SYSTEM utilizes identification technology to verify that the sender and receiver of the SYSTEM transmissions can be appropriately identified by each other. You are responsible for the security of any equipment you use to access the SYSTEM. Utilizing publicly accessible equipment (i.e. Internet cafe, library, shopping mall, work computer, etc.) or equipment that is not equipped with the latest security software can jeopardize the security of transmissions to the SYSTEM. Notwithstanding our efforts to ensure 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 can potentially be monitored and read by others. We cannot and do not warrant that all data transfers utilizing the SYSTEM, or email transmitted to and from us, will not be monitored or read by others.
- Posting of Transfers Through the SYSTEM – Transfer requests made through the SYSTEM are subject to review by Yosemite Farm Credit before application to your accounts in accordance with loan documents and credit policies of Yosemite Farm Credit. Transfers initiated through the SYSTEM before 2:00 p.m. Pacific Time on a business day will be processed for review by Yosemite Farm Credit that same business day. Transfers completed after 2:00 p.m. Pacific Time on a business day, Saturday, Sunday or holiday will be posted on the next business day. The SYSTEM identifies a transfer based upon the Login ID of the user who made the electronic transfer. Accordingly, you understand and acknowledge that the View Postings screens in the Transfer menu option of the SYSTEM will not reflect transfers made by multiple users from the same account if different Login IDs are used. You agree to communicate to any other persons with authorized access to your accounts concerning any transfers from your accounts, in order to avoid exceeding loan commitment or unavailable funds in Trust Fund or other accounts.
- Order of Payments, Transfers and other Withdrawals – If your account has insufficient commitment available or funds to perform all electronic fund transfers you have requested for a given business day, then electronic fund transfer requests initiated through the SYSTEM may, at our discretion, be cancelled or modified to avoid exceeding the loan commitment or available funds.
- Use of Email For SYSTEM Account Information – You agree that the SYSTEM can provide certain account information via email through the use of automated system notices and that, by enabling these notices, you authorize the release of such information via electronic means to the email address you have provided. You agree to notify us immediately of any change in your email address.
- Change in Terms and Consent to this Agreement – We reserve the right to change the terms of this Agreement at any time. If any changes are made, the revised Agreement will be updated and posted on this website. Generally, a change in terms will become effective twenty-one (21) days after the date notice is posted on the website (except as otherwise required by Regulation E, if applicable). You may not be required to click “I Accept” after your initial enrollment and consent to this Agreement in order to consent to any change in terms. However, your continued use of the SYSTEM after the effective date will confirm your consent and agreement to be bound by this Agreement, as amended by the new terms. You should review these terms from time to time. If we determine, in our sole discretion, that any change is needed immediately, we will post notice that such change becomes effective immediately. You are always free to reject any change in the terms of this Agreement by discontinuing use of the SYSTEM to access your accounts. Users of the SYSTEM have no right to expect the continuation of any part of the SYSTEM nor any products and services that are described or offered through the SYSTEM.
- Disclaimer of Warranty and Limitation of Liability – The information and materials contained as part of the SYSTEM are provided on an “as is” and “as available” basis, without any warranties whatsoever about the nature or content (either when posted or as a result of the passage of time) of any material on the SYSTEM, and without any representations or guarantees. We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a for a particular purpose, title and non-infringement in connection with the SYSTEM or SYSTEM Services provided to you under this Agreement. Yosemite Farm Credit does not warrant the accuracy, adequacy, or completeness of this information and materials, and it expressly disclaims liability for errors or omissions in this information and materials. In addition, Yosemite Farm Credit makes no representations, warranties or guarantees that the SYSTEM will be secure, accessible continuously, and without interruption or error free. To the extent that you might otherwise believe that any warranties, guarantees, or representations have been made to you, you hereby agree that such statements, whether made orally or in writing, are to be construed as merely non-binding expressions of policy rather than affirmative representations, obligations, guarantees, or warranties. In the event of any conflict between this section and other terms and provisions of this Agreement, this section shall be construed to take precedence. 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 damages (including without limitation any direct, indirect, special, incidental, or consequential damages), losses or expenses that arise in connection with services or products provided under this Agreement, or your use of or access to the SYSTEM or SYSTEM Services, or the inability of anyone to use the SYSTEM or SYSTEM Services, or for any claims by any third parties, whether in an action in contract or tort or based on a warranty. Further, in no event shall the liability of Yosemite Farm Credit and its affiliates exceed the amounts paid by you for the services provided to you through the SYSTEM.
- SYSTEM Access Violations/Indemnification – Your access privileges are conditioned on your adherence to the terms of this Agreement. If you violate any of the terms of this Agreement, you agree that Yosemite Farm Credit may deny you access to the SYSTEM. You further agree, at your own expense, to defend and indemnify Yosemite Farm Credit and hold Yosemite Farm Credit harmless against all claims arising in any manner whatsoever which may be asserted against Yosemite Farm Credit, and all losses arising on any manner whatsoever and incurred as a result of any violations of this Agreement. Yosemite Farm Credit reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and such assumption will not relieve you of your indemnity obligations. If asked to do so, you agree that you will not attempt to access the SYSTEM website.
- Virus Protection and Other Liability Limitations – Yosemite Farm Credit is not responsible for any electronic virus or viruses that you may encounter. We encourage our customers to routinely scan their PCs, drives and removable media using a reliable virus detection product to detect and remove any viruses. Undetected or unrepaired viruses may corrupt and destroy your programs, files and even your hardware. Additionally, you may unintentionally transmit the virus to other computers. You are solely responsible for the selection, installation, maintenance and operation of your personal computer, wireless device and software. Yosemite Farm Credit expressly disclaims any and all liability as it relates to the improper use of your personal computer, wireless device and the transmission of data except as provided by statute. Yosemite Farm Credit is not responsible for any errors or failures due to any malfunction of your personal computer, wireless device or the software, or unsuitability of your personal computer, wireless device or software, or any virus, or any problems that may be associated with the use of an online service.
- Hyperlinks to Third Party Websites or Content – Yosemite Farm Credit provides hyperlinks to third party websites as a convenience to you and has no control over the content posted at these websites, nor does Yosemite Farm Credit make any representation as to the content of these websites. Hyperlinks to other internet resources are to be used by you at your own risk. The content, accuracy, opinions expressed and other links provided by these resources may not be investigated, verified, or monitored by Yosemite Farm Credit, and such links are not endorsed by Yosemite Farm Credit unless otherwise specifically stated. If you believe that Yosemite Farm Credit has provided a hyperlink to a website that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask you to notify Yosemite Farm Credit so that we may evaluate whether to disable it.
- Your Right to Terminate Access to the SYSTEM – You may cancel your SYSTEM service at any time by providing us with written notice by postal mail, fax or email at [email protected] Your access to the SYSTEM will be suspended within 3 business days of our receipt of your instructions to cancel the service. You will remain responsible for all outstanding fees and charges incurred prior to the date of cancellation.
- Our Right to Terminate Your Access to the SYSTEM – You agree that we can terminate or limit your access to SYSTEM Services for any of the following reasons: (1) Without prior notice, if you have insufficient funds in any one of your Yosemite Farm Credit accounts; SYSTEM Service may be reinstated, in our sole discretion, once sufficient funds are available to cover any fees, pending transfers and debits; (2) Upon 3 business days’ notice, if you do not contact us to designate a new Primary Loan Account immediately after you close your Primary Loan Account and (3) Upon reasonable notice, for any other reason in our sole discretion.
- Communications between Yosemite Farm Credit and You – Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways: (1) Email -You can contact us by email at [email protected] (please note that banking transactions through the SYSTEM are not made via email); (2) Telephone – You can contact us, toll free, by telephone at the Yosemite Farm Credit office 1-866-837-1838; (3) Facsimile – You can contact us by fax at Yosemite Farm Credit 1-209-667-4634; (4) Postal Mail – You can write to us at Yosemite Farm Credit, PO Box 3278, Turlock CA 95381, or local branch office and (5) In Person – You may visit us in person at any one of our locations.
- 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 Yosemite Farm Credit Online Banking website or by email. You agree to notify us immediately of any change in your email address.
- License Permission and Use Restrictions – The SYSTEM is intended for use by customers of Yosemite Farm Credit located within the United States of America. We make no claims that the SYSTEM or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the SYSTEM from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are an international user, please also refer to the Privacy Policy for information on how your personal information is handled. You are hereby granted a non-exclusive license to use this website. You are granted a nonexclusive, revocable license to copy or print one unaltered permanent copy of website materials for your personal use – noncommercial use only. Except as expressly provided herein, all rights are reserved. Except to the extent required for the limited purpose of reviewing material on Yosemite Farm Credit’s website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use of any of the content of this website is strictly prohibited. You may not display this website in frames (or any of the content via links) without Yosemite Farm Credit’s express written permission. No permission is given to print, copy reproduce, distribute, publicly display, perform, publish, transmit, upload, download, store, license, create derivative works from, alter, or modify materials, transfer, or sell anything obtained from this website. You agree that you will not use (or allow others to use) the website or any information contained on it for any wrongful, unauthorized, or unlawful purposes. You also agree to indemnify and hold us and our affiliates harmless from and against any loss, damage, or expense (including but not limited to attorney’s fees) incurred because of any such use.
- Copyright – Yosemite Farm Credit or a third-party vendor owns the copyright to the pages, content, and the screens displaying the information that appears on the website and the SYSTEM.
- Trademarks and Service Marks – Yosemite Farm Credit or a third party vendor owns the trademark and service mark rights in marks contained in the website and SYSTEM pages.
- Good Samaritan, Third Party Content Policy – It is the policy of Yosemite Farm Credit not to tolerate any acts of intellectual property infringement or violations of U.S. Law or to allow any child pornography or obscene or defamatory material to be posted at this website. Yosemite Farm Credit will do its best, in good faith, to remove, disable or restrict access to or the availability of material that, in its subjective view, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this section are intended to implement this policy but are not intended to impose a contractual obligation on Yosemite Farm Credit to undertake, or refrain from undertaking, any particular course of conduct.
- Unsolicited E–Mail, Spamming and Spoofing – You may not use this website to transmit unsolicited e-mail. You may not send unsolicited e-mail to this website or to anyone whose e-mail address includes the domain name used on this website. You may not use Yosemite Farm Credit’s domain name as a pseudonymous return e-mail address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof another’s identity when using this website.
- Jurisdiction and Governing Law – You will be deemed to have agreed to the exclusive jurisdiction of the State and Federal courts of the State of California, USA, for resolution of any dispute you have relating to the goods or services offered or promoted herein, or to this agreement. The laws of the State of California (excluding its conflict of laws rules) will be applied to any dispute, regardless of where it is heard, and these terms and conditions are governed by the laws of the State of California (excluding its conflict of laws rules).