TERMS OF SERVICE

THESE TERMS INCLUDE LIMITATIONS ON EL DORADO’S LIABILITY AND YOUR AVAILABLE REMEDIES IF WE EVER HAVE A LEGAL DISPUTE. THIS INCLUDES A CLASS ACTION WAIVER AND AN ARBITRATION CLAUSE, WHICH MEANS WE AGREE TO HAVE DISPUTES RESOLVED ON AN INDIVIDUAL BASIS BY A NEUTRAL ARBITRATOR RATHER THAN BY A JUDGE OR JURY IN COURT. PLEASE SEE SECTION 10 BELOW FOR MORE INFORMATION.

1. SCOPE AND APPLICABILITY

Please review the following Terms of Service (“Terms”) concerning your use of www.eldoradosavingsbank.com/ (“Site”). The Terms are a binding contract between you and El Dorado Savings Bank (“we,” “us,” “our,” “El Dorado”).  By accessing the Site, registering for an online account on our Site, and accessing, using, or downloading any materials from the Site, you agree to follow and be bound by these Terms and our Privacy Policy , and CCPA Privacy Policy (collectively “Privacy Policies”).

El Dorado reserves the right to update or modify these Terms at any time and without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Site. Each instance of access or use of the Site will serve as acceptance of the updated Terms.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR SERVICES OF EL DORADO AND OPT-OUT OF THE ARBITRATION CLAUSE (SECTION 10 BELOW) BY EMAILING US WITHIN 15 DAYS OF VISITING THIS SITE AT INTERNETBANKING@ELDORADOSAVINGS.COM.

2. OUR SERVICE

El Dorado is a bank that provides financial services for both businesses and individuals.  For example, El Dorado provides depository accounts, loans, retirement plans, and services the related accounts (“Service”).   

The Site includes instructions for accessing the Service and completing a transaction, which may include one or more of the following: (i) complete an application for a financial product; (ii) create a unique login and password; (iii) communicate with users; (iv) making monthly payments; (v) setup bill pay; and (vi) transfer money.

If at any time you have questions about the Site or the Service, you can reach us via e-mail at INTERNETBANKING@ELDORADOSAVINGS.COM. 

Although El Dorado attempts to provide accurate information on the Site, it assumes no responsibility for the accuracy of the information. El Dorado may change the Service at any time without notice. El Dorado may periodically make changes to the Site.

3. COMMUNICATION

El Dorado may communicate with you in a variety of different ways including but not limited to email, telephone, fax, voicemail, letters sent by post, text and SMS messaging, and/or in person. Some communications occur through multiple channels. Such communications are confidential and only intended for you. By using our Service and/or our Site, you acknowledge the following communications-related practices.

Consent to Calls:  By engaging with our Site and obtaining our Service, you agree that in order for us to service your account, or collect any amount you owe, you agree that we may contact you by phone, text, email, or mail.  We are permitted to use any address, telephone number, or email address that you or any of your principals or agents have provide to us.  You, your principals, and your agents agree to provide accurate and current contact information and only give us phone numbers and email addresses that belong to you.  Text messages may include, but are not limited to, reminders, notifications and collection communications.

When you give us a telephone number, you are providing your express consent permitting us (and any party acting on our behalf) to contact you at the telephone number you provide.  We may call you and send you text messages.  You agree that we may leave prerecorded or artificial voice messages.  You also agree that we may use automatic telephone dialing systems in connection with call or text messages sent by us to any telephone number you give us, even if the telephone number is a mobile phone number or other communication service for which you or the subscriber is charged.

Recording & Monitoring of Communications: As described herein, your communications with us via our Service and/or our Site, email, and telephone are recorded and/or monitored by us and our vendors.  By using such communication methods, you are consenting to the recording and/or monitoring of the same.

4. YOUR REPRESENTATIONS, OBLIGATIONS, AND CONSENT

Registration:  When you create an online account with El Dorado, you acknowledge that you are over the age of 18, and that the information you provide to us is accurate, complete, and current at all times. You agree to provide us with a license (to the extent legally necessary) to utilize your data and information in order to complete the Service.

Please review our Privacy Policies. By accessing or using the Site, you agree to our Privacy Policies, and you understand that when using the Site and/or Service, you will be asked to provide certain personal information which may be sensitive, such as your email address, legal name, country of residence, zip code, your physical address, telephone number(s), applicable payment data and information.  You agree to be liable to us for any inaccurate information, and if your information changes, you agree to update it with us as soon as practical.

Confidentiality and Security: You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether you authorized it or not. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.  El Dorado reserves the right to immediately suspend your use of our platform in the event of actual or suspected unauthorized use of your account.

You agree and acknowledge that you have the sole responsibility and liability for providing or obtaining, securing (by using appropriate virus-detecting software) and for maintaining, any electronic device you use to access the Site or Service, such as a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or smartphone (an “Access Device”) electrical power, telephone and or internet services, etc.

Applicable Laws:  You acknowledge that the Service and Site may be subject to various state and federal laws.  You understand and agree that both you and El Dorado intend for the applicable laws to apply to the fullest extent possible to validate El Dorado ability to conduct business with you by electronic means.  Disputes over this Site shall be covered by laws in the State of California and disputes over the Arbitration Clause below, will be decided under the FAA.

YOU AGREE THAT YOU WILL NOT:

• misuse the Site or the Service;
• attempt to hack, disable, upload or infect our platform and/or Site with viruses or other harmful code;
• provide or upload intentionally inaccurate, incomplete, fraudulent; deceptive materials, or materials that you do not own, license, or have the right to use; 
• reverse engineer, disassemble, decompile, modify or otherwise attempt to derive source code, architecture, structure, or other elements of our software, Site, or platform; or
• upload lewd or obscene materials; engage in conduct that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, or obscene.

EL DORADO RESERVES THE RIGHT TO REFUSE SERVICE THROUGH OUT SITE, TERMINATE ONLINE ACCOUNTS, OR REMOVE OR EDIT CONTENT, IN OUR SOLE DISCRETION. EL DORADO WILL HAVE THE RIGHT TO TERMINATE YOUR SESSION OR YOUR USE OF THE SERVICE IMMEDIATELY IF YOU BREACH ANY OF THESE TERMS.

5. EL DORADO’S REPRESENTATIONS AND OBLIGATIONS 

El Dorado agrees to use commercially reasonable efforts to: (a) provide the Service and Site in a professional and workmanlike manner; (b) follow our Privacy Policies, and (c) maintain industry-standard security measures to protect the Site and Service.

El Dorado, the El Dorado logo, and the Site are all property of El Dorado. Other trademarks, product names, and El Dorado names or logos used on this Site are the property of their respective owners.  All images, graphics, text and other content used in connection with the Site are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this Site without our express written authorization.

6. DISCLAIMER BY EL DORADO 

THIS SITE AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE NOTED HEREIN, EL DORADO DOES NOT WARRANT THAT THE SERVICE OR SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE AND/OR SITE.  EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICE AND SITE ARE PROVIDED “AS IS” AND EL DORADO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. EL DORADO’S LIMITATION OF LIABILITY 

IN NO EVENT SHALL EL DORADO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS, LOST DATA, OR LOST PROFITS, FOR ANY MATTER BEYOND EL DORADO’S REASONABLE CONTROL FOR ANY MATTER BEYOND EL DORADO’S REASONABLE CONTROL.

8. INDEMNIFICATION BY YOU 

YOU AGREE, TO THE EXTENT PERMISSIBLE BY LAW, TO BE LIABLE TO EL DORADO FOR, AND INDEMNIFY EL DORADO AGAINST THIRD PARTIES IF YOU BREACH ANY OF THESE TERMS.

9. MISCELLANEOUS TERMS AND CONDITIONS 

These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions (except as to disputes over the Arbitration Clause which will be decided under the FAA).  Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site and your access of Service on the Site.  Services also include the applicable account agreement or underlying financial product contract.

If You are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

El Dorado’s obligations under these Terms are subject to existing laws and legal process and nothing contained in these Terms is in derogation of El Dorado’s right to comply with law enforcement requests or requirements relating to a user's use of the Site, the Service, or any information provided to or gathered by El Dorado.

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10. ARBITRATION CLAUSE / CLASS ACTION WAIVER

THE FOLLOWING ARBITRATION PROVISIONS SIGNIFICANTLY AFFECT YOUR RIGHTS IN ANY DISPUTE WITH US. PLEASE READ THE FOLLOWING DISCLOSURES AND THE ARBITRATION PROVISION THAT FOLLOWS CAREFULLY BEFORE YOU USE OUR SERVICES AND/OR WEBSITE.

1. If either you or we choose, any dispute between you and us will be decided by arbitration and not in court.
2. If such dispute is arbitrated, you and we will give up the right to a trial by a court or a jury trial.
3. You agree to give up any right you may have to bring a class action lawsuit or class arbitration, or to participate in either as a claimant, and you agree to give up any right you may have to consolidate your arbitration with the arbitration of others.
4. The information that can be obtained in discovery from each other or from third persons in arbitration is generally more limited than in a lawsuit.
5. Other rights that you and/or we would have in court may not be available in arbitration.

Any claim or dispute, whether in contract, tort, statute, or otherwise (including any dispute over the interpretation, scope, or validity of this provision, arbitration section or the arbitrability of any issue), between you and El Dorado, or any of our shareholders, employees, agents, contractors, webhosts, web designers, administrators, successors, account servicers, debt buyers, or assigns (each a “Third Party Beneficiary”), which arises out of or relates to our Services, this Site, mobile application, the data provided to us, the data held by us, alleged improper data exfiltration or sharing, or any resulting transaction or relationship arising out of your access to our Site (including any such relationship with third parties who do not agree to this contract) shall, at the election of either you, us, or a Third Party Beneficiary, be resolved by a neutral, binding arbitration and not by a court action. Notwithstanding the above, this arbitration clause does not require arbitration of a claim or dispute for public injunctive relief under California law and any such claim for a public injunction shall be litigated in Court but only after your individual claim that forms the basis for your representation of the general public is litigated in arbitration under this Agreement. Any claim or dispute is to be arbitrated on an individual basis and not as a class action. The arbitrator may not preside over a consolidated, representative, class, collective, public injunctive relief, or private attorney general action. You expressly waive any right you may have to arbitrate a consolidated, representative, class, collective, public injunctive relief, or private attorney general action. The arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, or by any other organization that you may choose, subject to our or a Third Party Beneficiary’s approval. If we and a Third Party Beneficiary are parties to an action, then we must both approve the use of an alternative arbitration administration provider.  You may get a copy of the rules of the American Arbitration Association (AAA) by visiting its website at www.adr.org.

The arbitrator shall be an attorney or retired judge and shall be selected in accordance with AAA’s applicable rules. The arbitrator shall apply applicable state law and the FAA. The arbitration hearing shall be conducted in the federal district in which you reside. If you demand arbitration first, you will pay the claimant’s initial arbitration filing fees or case management fees required by the applicable rules up to $225, and we will pay any additional initial filing fee or case management fee. We will pay the whole filing fee or case management fee if we demand arbitration first. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours, unless the chosen arbitration provider’s rules require that we pay more. The arbitrator shall decide who shall pay any additional costs and fees. Nothing in this paragraph shall prevent you from requesting that the applicable arbitration entity reduce or waive your fees, or that we or a Third Party Beneficiary voluntarily pay an additional share of said fees, based upon your financial circumstances or the nature of your claim.

You or El Dorado may still sue in small claims court but only for individualized relief.  Both you and El Dorado have the option to sue the other party in small claims court in lieu of arbitration if the action meets the small claims court’s prerequisites. The small claims court must be in the county where you reside or (for businesses) where your principal place of business is. If you sue in small claims court, you must still only pursue an individual claim and seek individual relief and not on behalf of others or the general public. The waiver of class actions and other representative actions and relief still applies.  Neither you nor we waive the right to arbitrate by using self-help remedies, such as repossession, or by filing an action to recover the vehicle, to recover a deficiency balance, or for individual relief.

Your access to our Services, the Site, and providing of data to us in connection with same is a transaction involving interstate commerce. Any arbitration under this agreement shall be governed by the Federal Arbitration Act (9 USC 1, et seq.), and not by any state law concerning arbitration. Judgment upon the award rendered may be entered in any court having jurisdiction.

For appeals of arbitration awards, you and El Dorado agree to utilize AAA’s appellate procedures which are also located at www.adr.org/Rules.

If any clause within this arbitration section, other than Clause 3 (above) or any similar provision dealing with class action, class arbitration or consolidation, is found to be illegal or unenforceable, that clause will be severed from this arbitration section, and the remainder of this arbitration section will be given full force and effect. If any part of Clause 3 or any similar provision dealing with class action, class arbitration or consolidation is found to be illegal or unenforceable, then this entire arbitration agreement will be severed and the remaining provisions of this agreement shall be given full force and effect as if the arbitration section of this agreement had not been included in these Terms. In no event shall an arbitrator be authorized to resolve a claim or dispute or make awards or grant relief exceeding the limitations in Clause 3 or any similar provision on class actions, class arbitrations, or consolidation.

You and El Dorado agree that all materials and documents exchanged during arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, expert witnesses, business advisors, regulators and/or law enforcement, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential (excluding regulators and/or law enforcement who may be separately bound by statutory obligations).  

Informal Dispute Resolution

Notwithstanding anything to the contrary above, with the significant costs arising from legal disputes, not only in dollars but also in time and energy, both you and El Dorado agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction or activity conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it, the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the dispute and allowing the receiving party 30 days in which to respond to or settle the dispute. Notices shall be sent

1. El Dorado Savings Bank, Attn: Legal Department, 4040 El Dorado Road, Placerville, CA 95667,
2. To you at your last known address on file with El Dorado (if applicable) or if no address is on file with El Dorado , then as available through a commercially reasonable third party service.

Both you and El Dorado agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Requirements for Inclusion in Arbitration Filing

A party who wishes to initiate arbitration must provide the other party with a request for arbitration. If you initiate the arbitration, you must provide El Dorado with a copy of your request through El Dorado’s registered agent for service of process. The request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. 

If the party requesting arbitration is represented by counsel, the request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the request. By signing the request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

 

For a printable version of this guide, please click here. 

 

Revised 3/27/2024