ELECTRONIC STATEMENT & NOTICE DISCLOSURE AGREEMENT

Electronic Delivery of Statements and Notices

Electronic Delivery of Statements and Notices By accepting the “Capital Pacific Bank Electronic Statement (e-Statement) Disclosure Agreement”, you consent and agree that Capital Pacific Bank (CPB) may provide certain disclosures and notices to you in electronic form, in lieu of paper form, including electronic delivery of statements (e-Statements) for your CPB deposit account(s).

Definitions

As used in the Agreement, the words “we”, “our”, “us”, and “CPB” mean Capital Pacific Bank. “You” and “your” mean the account owner(s) authorized to receive e-Statements under this Agreement. “Account” or “accounts” mean your deposit accounts at CPB. “Business days” means Monday through Friday, excluding Federal holidays.

Scope of Consent for Electronic Delivery of Statements

Your consent to receive e-Statements covers the periodic statements you are provided in connection with your CPB deposit account(s). Your consent also covers disclosures that are required with your account statements, including, but not limited to, the error resolution notice required by the Electronic Fund Transfer Act, as well as marketing information on products and/or promotions that CPB may provide to you electronically. By using e-Statements, you accept and agree to be bound by the general terms and conditions governing e-Statements, including without limitation all the terms and conditions in this Agreement. You agree to be bound by any and all laws, rules, regulations and official issuances applicable to e-Statements now existing or which may hereafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of other facilities, benefits or services that CPB may periodically make available to you in connection with e-Statements.

Scope of Consent for Electronic Delivery of Statements Upon enrollment, CPB will discontinue mailing paper account statements for your e-Statement account. All future statements for that account will be e-Statements which you will access through CPB’s Pacific Online Banking to obtain, review, print and copy/download your periodic deposit account statements. Each month we will send an email notice to you advising you of the availability of your e-Statement with instructions on how to access your e-Statement. You may then access your e-Statement via the procedures that we authorize. Your electronic statement will be available for viewing for a minimum period of twelve (12) months (or such period as decided by CPB and notified to you) from the applicable statement date.

Scope of Consent for Electronic Delivery of Notices (Optional)

If you choose to receive electronic notices, your consent covers any notice or other type of communication provided to you pursuant to the terms of this Agreement.

Duty to Review Periodic Statements

You must promptly access/review your e-Statement and any accompanying items and notify us in writing immediately of any error, unauthorized transaction, or any other irregularity. If you allow someone else to access your statement, you are still fully responsible to review the statement for any errors, unauthorized transactions, or any other irregularities. Any applicable time periods, noted in your deposit account terms and conditions, within which you must notify us of any errors on your account statement(s) shall begin on the e-Statement email notification date regardless of when you access and/or review your e-Statement. If you do not immediately report to CPB any non-receipt of e-Statements or any error, irregularity, discrepancies, claims or unauthorized debits or items, you shall be deemed conclusively to have accepted all matters contained in the e-Statement s to be true, accurate and correct in all respects.

Change of Mailing Address, Email Address and Other Information

You agree to notify us immediately of any change in your mailing address, email address or other particulars relevant to this Agreement.

Joint Accounts

If your account is owned jointly with another person, either one of you may consent to receive electronic disclosures and e-Statements and that person’s election to access e-Statements shall apply to both of you.

Security

You agree that CPB shall not be liable if you are unable to gain access to the web site or Pacific Online Banking from time to time. You understand that some or all of the e-Statement services and/or other online services may not be available at certain times due to maintenance and/or computer, communication, electrical or network failure or any other causes beyond CPB’s control.

You understand the importance of your role in preventing misuse of your accounts and you agree to promptly examine your e-Statement for each of your accounts as soon as you can access it. You agree to protect the confidentiality of your account and account number and your personal identification information. You understand that personal identification information by itself or together with information related to your account, may allow unauthorized access to your account.

Password Security

Your Access ID and password that are used to access Online Banking services should be kept confidential. We strongly recommend that you change your password regularly. You are responsible for keeping your password, account numbers and other account data confidential.

System Requirements

In order for you to access and retain your e-Statement records, your system must meet the following requirements:

If your browser does not support 128-bit encryption, you must upgrade it in order to access the Pacific Online Banking secure pages to allow access to your e-Statements. We strongly discourage you from using unsupported browsers as they may fail to meet our security requirements. To print or download e-Statements and notices you must have a printer connected to your PC or sufficient hard-drive space to save the disclosure or e-Statement.

Change in Terms

The Bank reserves the right to change the terms and conditions of the agreement at any time, which includes the addition and deletion of e-Statement services. We shall update this agreement on our web site and may notify you of such changes by mail or electronic message to your most recent address listed on our records. The notice will be posted or sent at least thirty (30) days in advance of the effective date, unless an immediate change is necessary to maintain the security of the system. If such a change is made and it can be disclosed without jeopardizing the security of the system, we will provide you with electronic or written notice within thirty (30) days after the change. By using the e-Statement service when the changes become effective, you agree to be bound by the revised terms and conditions contained in this agreement or you can decline the changes by discontinuing the use of the e-Statement service and notifying us of your election by email or regular mail.

Your Right to Withdraw Consent

You have the right to withdraw your consent to have your statements and/or notices provided in an electronic form. We will then discontinue e-Statement service for that account and you will receive paper statements for subsequent statement periods.

Disclaimer of Warranty and Limitation of Liability

We make no warranty of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, in connection with the e-Statements provided to you under the Agreement. We do not and cannot warrant that the e-Statement service will operate without error, or that the e-Statement service will be available at all times. Except as specifically provided in the Agreement, or otherwise required by Law, you agree that our officers, directors, employees, agents or contractors are not liable for any indirect, incidental, special or consequential damages under or by reason of any services or products provided under the Agreement or by reason of your use of the e-Statement service , including loss of profits, revenue, data or use by you or any third party, whether in an action in contract or tort or based on a warranty or any other legal theory.

Our Right to Terminate

The Bank reserves its right to terminate this Electronic Statement Disclosure Agreement and your access to the e-Statement service, in whole or in part, at any time, including but not limited to when customers have not logged in to use Pacific Online Banking services for over 90 days.

Communications between Capital Pacific Bank and You

If you have any difficulty changing your preferences or contact information on Pacific Online Banking or would like to request a paper copy of your account statement, we are here to help you Monday through Friday from 9:00 a.m. – 5:00 p.m. PT at (503)796-0100. You may also write to:

Capital Pacific Bank
805 SW Broadway, Suite 780
Portland, OR 97205

Additional Terms and Conditions of your Electronic Statement Disclosure Agreement

This Agreement is in addition to the terms and conditions governing your account provided to you at account opening. This agreement is also in addition to Capital Pacific Bank’s Pacific Online Banking Agreement and Disclosure. To the extent that this Agreement is inconsistent with any of the terms and conditions, disclosures and agreements provided to you at account opening, the terms and conditions of this Agreement shall control with respect to e-Statements. You should review those agreements for any applicable fees, for limitations on the number of transactions you can make and for other restrictions that might impact your use of an account with e-Statements and Online Banking.