Terms of Use

ACCESS TO OR USE OF THE COMMUNITY BANK, N.A. WEBSITE (THE “WEBSITE”) OR MOBILE APPLICATION CONSTITUTES CONSENT TO THESE TERMS OF USE. THIS WEBSITE, OUR MOBILE APPLICATION, AND RELATED SERVICES AND ALL INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS.” WE MAKE NO EXPRESS OR IMPLIED WARRANTY REGARDING SUCH INFORMATION OR DATA, AND HEREBY EXPRESSLY DISCLAIM ALL LEGAL LIABILITY AND RESPONSIBILITY TO PERSONS OR ENTITIES WHO USE OR ACCESS THIS WEBSITE AND ITS CONTENT OR OTHER SERVICES, BASED ON THEIR RELIANCE ON ANY INFORMATION OR DATA THAT IS AVAILABLE THROUGH THIS WEBSITE OR OTHER DISCLOSURES. CHANGES MAY BE INCORPRATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE OR OTHERWISE COMMUNICATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT ACCESS THE WEBSITE OR ANY WEB PAGES AND/OR MOBILE APPLICATIONS THEREIN.

Insurance and Investment Products

Insurance and investment products: (1) are not deposits of Community Bank, N.A.; (2) are not insured or guaranteed by the FDIC or any other government agency; (3) are not obligations of, or guaranteed by, any financial institution; and (4) involve investment risks, including the potential for fluctuations in investment return and the potential loss of principal. Investment services are offered through LPL Financial LLC (“LPL”), member NASD/SIPC. LPL and its affiliated insurance agencies offer securities, advisory services, and certain insurance products and are not affiliated with Community Bank, N.A., Community Investment Services, Inc., Community Bank Wealth Management, The Carta Group, Inc., OneGroup Wealth, OneGroup Retirement Advisors, or OneGroup Wealth Investment Services.

The content of this Website and the Mobile Application are not designed or intended to provide authoritative financial, accounting, investment, or other professional advice which may be reasonably relied on by its readers. If expert assistance in these areas is required, the services of a qualified professional should be sought.

Protection of Passwords; Compliance with Laws; Privacy

IN SITUATIONS WHERE THE WEBSITE, MOBILE APPLICATION, OR OTHER FORMS OR INTERNET OR PHONE BANKING SERVICES REQUIRE THE ESTABLISHMENT OF PERSONAL IDENTIFICATION PASSWORDS OR VERIFICATION, YOU WILL ESTABLISH COMMERCIALLY REASONABLE SECURITY PROCEDURES AND CONTROLS AND TAKE APPROPRIATE ACTIONS TO LIMIT ACCESS TO YOUR PASSWORD OR OTHER IDENTIFYING INFORMATION TO PREVENT ANY COMPROMISE OF YOUR ACCOUNTS BY UNAUTHORIZED INDIVIDUALS.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and Mobile Application. You agree not to use the Website and the Mobile Application in violation of any law or for any illegal activities, including but not limited to misrepresenting your identity in any way, violating or attempting to violate the security of the Website or the Mobile Application, tampering with information databases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, violating trade restrictions and export control laws, violating internet gambling laws, vandalism, destruction of online files, transmitting any unlawful, infringing, harmful, inappropriate, or otherwise objectionable material of any kind, that can cause harm or delay to this Website, its users, Community Bank, N.A., or computers of any kind.

Use of the Website and the Mobile Application, including any patterns or characteristics concerning your interaction with them, may be monitored, tracked and recorded. Anyone using the Website or Mobile Application expressly consents to such monitoring, tracking and recording.

You agree not to attempt to log onto the Website from any country under sanctions by the Office of Foreign Assets Control. Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.

Use of the Website is governed by our Privacy Policy. The Website and Mobile Application is not intended to be used by European Union residents.

We recognize the importance of protecting the privacy of children online and we comply with the requirements of the Children’s Online Privacy Protection Act (COPPA) that are applicable to us. We do not collect personal information from consumers under the age of thirteen. For more information about COPPA, please visit the Federal Trade Commission website.

External Link Disclaimer

We have no control over information at any site hyperlinked to or from this Website or the Mobile Application. We make no representation concerning and are not responsible for the quality, content, nature, or reliability of any hyperlinked site and are providing the hyperlinks as a convenience. The inclusion of any hyperlink does not imply any endorsement, investigation, verification or monitoring by Community Bank, N.A. of any information in any hyperlinked site. In no event shall Community Bank, N.A. be responsible for your use of a hyperlinked site.

Availability

Not all products and services described on this Website or the Mobile Application are necessarily available in all geographical areas, and the terms and conditions of the products and services offered may differ among geographical areas. Your eligibility for any particular product or service described on this Website is subject to final determination by Community Bank, N.A.

Dated and Forward-Looking Statements

Certain information on the Website, Mobile Application, or other applications may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe,” “expect,” “anticipate,” “optimistic,” “intend,” “aim,” “will” or similar expressions are intended to identify forward-looking statements. You are cautioned not to place undue reliance on these forward-looking statements. Any dated information is published as of its date only. Dated and forward-looking statements speak only as of the date on which they are made. We undertake no obligation to update publicly or revise any dated or forward-looking statements.

Trademarks, Logos and Service Marks

The trademarks, logos and service marks (“Marks”) displayed on the Website and the Mobile Application are the property of Community Bank, N.A. and other parties. You are prohibited from using any Marks without the written permission of Community Bank, N.A. or such third party which may own the Marks. All content displayed or available through the Website is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content on the Website for any commercial, public, or unlawful purpose.

Consent for Receipt of Electronic Communications

To the fullest extent permitted by applicable law, under these Terms of Use and any other agreements, notices, disclosures, messages or alerts, or other communications regarding the Website, Mobile Application, or any financial service or product with Community Bank, N.A. (collectively, “Communications”), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within this Website, Mobile Application, other internet banking applications, and/or delivered to your e-mail address on record with us. You will retain electronic Communications for your records. All electronic Communications will be considered to be “in writing,” and to have been received and effective upon posting on this Website, the Mobile Application, other applications, or dissemination to your email address, whether or not you have retrieved or read the electronic Communication. We reserve the right to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us by a paper writing of your decision to do so. If you revoke your consent to receive Communications electronically, we may terminate your right to use the Website, Mobile Application, or obtain electronically our financial services or products, and you accept sole liability for any early withdrawal penalty, tax or other consequence resulting from an involuntary termination of a financial service, to the extent permitted by law.

NO WARRANTIES

THIS WEBSITE, THE MOBILE APPLICATION, AND RELATED SERVICES AND ALL INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” OR “AS AVAILABLE”. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE AND MOBILE APPLICATION WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. THERE IS NO WARRANTY THAT ANY SERVICE, PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE, OR OUR COMPUTER SYSTEM WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ANY ADVICE RECEIVED VIA THE WEBSITE AND MOBILE APPLICATION ARE NOT INTENDED, AND SHOULD NOT BE RELIED UPON, FOR PERSONAL, LEGAL, TAX OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION CONTENT, INFORMATION ACCESS AND ORDER EXECUTION, FREEDOM FROM COMPUTER VIRUS, IS GIVEN BY US IN CONNECTION WITH THIS WEBSITE, THE MOBILE APPLICATION OR AVAILABLE INFORMATION AND MATERIALS, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITED LIABILITY

IN NO EVENT SHALL WE OR ANY OF OUR VENDORS BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE, MOBILE APPLICATION, OR ANY LINKED WEBSITE, OR USE THEREOF OR INABILITY TO USE, BY ANY PARTY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVE THEREOF, IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, EXCEPT AS LIMITED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold Community Bank, N.A., and its directors, officers, employees and vendors harmless from and against all claims, losses, liability, cost, and expenses (including attorneys' fees) arising from your violation of these Terms of Use or misuse of this Website, the Mobile Application, or any service, product, information or materials provided by Community Bank, N.A. Your obligations under this provision will survive your termination of access to or use of this Website, Mobile Application, or nonuse of any service, information or material.

Governing Law, Venue and Enforceability

This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its principles of conflict of laws. You agree and hereby submit to the exclusive personal jurisdiction and venue of the State courts in Onondaga County, New York, and the United States District Court for the Northern District of New York, with respect to all matters relating to your use of this Website, the Mobile Application, delivery of financial services or products electronically, and any information or materials available through this Website or the Mobile Application. You hereby consent to such jurisdiction and venue. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with Community Bank, N.A.

Copyright © 2018 Community Bank, N.A. All rights reserved. Reproduction in whole or in part in any form or medium without express written permission of Community Bank, N.A. is prohibited.

Rev. 12/10/18