These terms and conditions (“Terms”) constitute an agreement between you and Capital Bank of New Jersey (“Capital Bank”) governing your access to and use of websites owned or operated by Capital Bank, including but not limited to www.capitalbanknj.com and the CapBk Mobile (“Capital Bank Sites”). Please read these Terms carefully before using or accessing any pages at the Capital Bank Sites.
The Capital Bank Sites are intended for individuals who are at least 13 years old. If you are under the age of 13 years old, you should not be visiting the Capital Bank Sites.
These Terms constitute the entire agreement between you and Capital Bank with respect to your access to and use of the Capital Bank Sites. These Terms do not replace, amend, modify, decrease or waive any right or obligation of any other type of express written agreement between you and Capital Bank.
The Capital Bank Sites are provided as a service to users (“you,” “your,” or “users”) and may be used only for informational purposes and to facilitate the provision of Services in connection with the Capital Bank Sites. “Services” under these Terms include financial services for consumers and businesses, business services offered to you directly by Capital Bank, and additional services available to you from independent third party service providers accessed through the Capital Bank Sites.
The Capital Bank Sites and all associated pages and screens are owned and controlled by Capital Bank, except as otherwise stated.
Permitted Uses and Registration
The Capital Bank Sites may be used solely for lawful purposes. Capital Bank will comply with all applicable laws, rules or regulations and, in the event of any conflict with these terms, such laws, rules and regulations shall take precedence.
Unless otherwise specified, the Capital Bank Sites are for your personal and non-commercial use only and may not be used for commercial purposes other than in connection with the provision of Services by Capital Bank to business customers.
To gain access to certain webpages or portions of the Capital Bank Sites, you may be required to provide us with certain information using the registration tools provided to create a username and password. Your username, password, and any information you provide upon registering to use our Sites, including your name, challenge questions and responses, biometric data, and any and all other identification factors, shall constitute your “Login Credentials”. When participating in interactive portions of the Capital Bank Sites, you represent that you are at least 13 years old, have proper right and authorization to use any information or content you provide or upload, and you agree that any information you provide to Capital Bank or upload to the Capital Bank Sites will be current, accurate, truthful, and complete. Any conduct by you that, in our opinion, restricts or inhibits any other user from using or enjoying the Capital Bank Sites will not be permitted.
You are responsible for keeping your Login Credentials secure and confidential. You should not share, display, disclose or permit your Login Credentials to be disclosed to any other party. If your Login Credentials are disclosed or discovered by another party, you should contact Capital Bank immediately by sending an email to firstname.lastname@example.org. You are responsible for use of the Capital Bank Sites when access is obtained through the use of your Login Credentials, whether authorized or unauthorized.
You agree not to impersonate any other person or entity or use any false name or use any other person's Login Credentials to access or use any portion of the Capital Bank Sites. Attempting to gain unauthorized access to any Capital Bank Site, other accounts, computer systems or networks connected to any Capital Bank Site, through hacking, password mining or any other means is strictly prohibited. You agree not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Capital Bank Sites. Capital Bank may suspend or cancel a user’s Login Credentials or terminate access where Capital Bank has reason to believe that any Login Credentials have been inappropriately disclosed, discovered, used or misused by any person, or for any other reason.
Capital Bank may also discontinue or suspend your access to the Capital Bank Sites for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Capital Bank. Capital Bank reserves the right to withdraw or cancel users’ Login Credentials at any time without notice and in our sole discretion.
You acknowledge and agree that you will not upload or transmit, using the Capital Bank Sites, any information or material that violates or infringes, in any way, the rights of others (including their copyrights, patents, trademarks or trade secrets) , or which is unlawful, threatening, abusive, defamatory, libelous, invasive of the privacy of others, violates proprietary or publicity rights, contains pornographic content, or is vulgar, obscene, profane, harassing or otherwise objectionable to Capital Bank and that Capital Bank may delete or block any such material, in our absolute discretion.
Spamming or sending unsolicited email from our server or using an email address or domain that is maintained on our network as reference is strictly prohibited. Framing, mirroring, scraping or data-mining of the Capital Bank Sites or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited. You acknowledge and agree that you will not upload or transmit through the Capital Bank Sites any information or material that could cause or introduce a software virus, denial-of-service, or other disruptive program or that could impair, incapacitate, overload, or damage the Capital Bank Sites or the systems and networks connected to any Capital Bank Sites.
If Capital Bank becomes aware that your use of the Capital Bank Sites violates any provision of these Terms, Capital Bank may investigate such use and determine whether to suspend, delete, or take any other action to enforce these Terms in our sole discretion. Capital Bank will not be liable for damages incurred because of its actions to enforce these Terms.
Upon termination of the Capital Bank Sites, your right to use the Capital Bank Sites immediately ceases. Capital Bank shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
Ownership and Copyright
Except as otherwise expressly stated, the Capital Bank Sites are our property, including but not limited to the text, design, graphics, images, audio and video, products, services, brands, trademarks, advertising, promotional programs, featured articles, surveys, applications, contests, sweepstakes, or other information and content (collectively, "Content") featured therein, each of which (whether registered or not) is protected under copyright and trademark laws and/or other laws, rules and regulations of the United States and other countries.
Specifically, the Capital Bank Sites are copyrighted as our collective work under the copyright laws. Capital Bank owns the copyright in the overall design, layout, appearance, selection, coordination, arrangement and enhancement of such content, and own the rights in (or possess a license to use) the individual components of such Content. You are authorized to view the Content on the Capital Bank Sites for your informational purposes only. You may download Content for your personal or internal business purposes only. Notwithstanding the foregoing, Content and any portion thereof may not be copied, displayed, reproduced, published, modified, uploaded, posted, transferred, transmitted, licensed, monetized, or distributed in any way or decompiled, reverse engineered or disassembled for any commercial purpose without the written consent of Capital Bank. Your access to Content is not a transfer of title in any Content, and by your use of the Capital Bank Sites, you acknowledge that you do not acquire any license, ownership or other rights to the Content or any intellectual property in or related to any such Content. Capital Bank does not grant any express or implied right or license to you under any patent, trademark, copyright, trade secret, or any other intellectual property displayed on, connected to, or related to the Capital Bank Sites. Any right not expressly granted herein is reserved.
Use or modifications of the Content without our authorization may be a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any of our Content on any other website without the express written consent of Capital Bank is prohibited.
Capital Bank reserves the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery for any damages and any associated legal and other costs incurred by Capital Bank and criminal prosecution when and where appropriate.
“Capital Bank”, the Capital Bank logos and designs and other trademarks displayed on the Capital Bank Sites are trademarks of Capital Bank unless otherwise indicated. You agree not to display or use the Capital Bank name, logo and other trademarks of Capital Bank in any manner without the prior, written consent of Capital Bank.
Third Party Content and Links
The Capital Bank Sites may contain links to websites or resources controlled or offered by third parties not affiliated with Capital Bank, including articles, text, photographs, graphics, pictures, designs, music, audio and video, information, quotes, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Materials"). Capital Bank provides these links to you only as a convenience. Capital Bank does not investigate, monitor or check Third-Party Materials for safety, accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness, and Capital Bank has no control over such Third-Party Materials accessed through the Capital Bank Sites. Capital Bank hereby disclaims liability for all Third-Party Materials, including the products, services, privacy practices or other policies, and security of or contained in any third party website. Inclusion of, linking to or permitting the use or installation of any Third-Party Materials does not imply approval or endorsement thereof by us.
Disclaimers and Limitations of Liability
You acknowledge that the Capital Bank Sites are provided “as is,” “where is,” “where available,” and without any warranties of any kind whatsoever. Neither Capital Bank, nor any of our employees, agents, third party content providers, or licensors warrant that the Capital Bank Site will be uninterrupted, error free, or free from viruses or other harmful components, nor do they make any warranty as to the results that may be obtained from use of the Capital Bank Sites. Capital Bank is not responsible for and hereby disclaims any warranties, expressed or implied, regarding the timeliness, quality, accuracy, or validity of the information and/or completeness including, but not limited to, information and advertising appearing on or linked to the Capital Bank Sites. CAPITAL BANK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY AND COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Except as specifically provided under these Terms, or where the law requires a different standard, under no circumstances will Capital Bank, our officers, employees, directors, affiliates or subsidiaries or other third parties mentioned in, or involved in creating, producing, or delivering the Capital Bank Sites be liable for any compensatory, direct, incidental, consequential, indirect, special or punitive damages whatsoever (including, without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results of use of the Capital Bank Sites, any websites linked to our site, or any materials contained at any or all such sites (including, without limitation, those caused by or resulting from a failure of performance, error, omission, linking to other websites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use or misuse of any computer or system) whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Capital Bank was advised of the possibility of such damages. Capital Bank shall have no liability or responsibility for any acts, omissions or conduct of any user or other third party.
To the extent some jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
You assume all responsibility and risk for your use of the Capital Bank Sites and the Internet in general. Capital Bank is not responsible for any damage to your computer, mobile device or any other equipment or any corruption, unauthorized access to or loss of data that may result from your use of the Capital Bank Sites. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer, equipment, and software as a result of visiting the Capital Bank Sites.
You agree to defend, indemnify, and hold harmless Capital Bank, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of your violation of these Terms or misuse of the Services or the Capital Bank Sites, including such violation or misuses conducted by your employee or agent, if applicable.
Capital Bank reserves the right to monitor our systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary.
Digital Millennium Copyright Act (“DMCA”) Notice
Capital Bank respects the intellectual property interests of others. It is our policy not to permit materials known by Capital Bank to infringe another party's copyright or intellectual property rights to remain on the Capital Bank Sites. If you believe in good faith that any material on the Capital Bank Sites infringes a copyright or other intellectual property right, you may send Capital Bank a notice requesting removal of the material. Please include the following information in your notice:
- A physical or electronic signature of the copyright holder or authorized representative;
- Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy of an authorized representation of the work;
- Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Capital Bank to locate the material;
- Your name, address, telephone number, and e-mail address;
- A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law; and
- A statement “under penalty of perjury,” that the information that you have supplied is accurate and indicating that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
As part of our response, Capital Bank may remove or disable access to material at the Capital Bank Sites that is claimed to be infringing, and we will make a good faith attempt to contact the person who submitted the affected material. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Capital Bank a counter-notice. When we receive a counter notice, we may restore the material in question. Please include the following information in your counter notice:
- Identification of the material or other unique identifying information and its location before the material was removed;
- Your name, address, telephone number, and e-mail address;
- A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district where you live (or the District of New Jersey if your address is outside of the United States),
- A statement that you will accept service of process from the person who submitted the initial DMCA Notice; and
- A statement “under penalty of perjury,” that you have a good faith belief that the material identified in your counter notice was removed as a result of mistake or misidentification.
DMCA Notices and Counter Notices should be directed by email to: email@example.com or by mail to: Capital Bank of New Jersey, 175 South Main Road, Vineland, NJ 08360-7901.
You are prohibited from violating the security of any system or network comprising the Capital Bank Sites or related products and services. Such violations may result in criminal and civil liability.
This agreement shall be governed by and construed under the substantive laws of the State of New Jersey. Capital Bank and you agree that any dispute shall be resolved by the federal and state courts located in or serving Cumberland County, New Jersey. Any cause of action you may have with respect to your use of the Capital Bank Sites must be commenced within one (1) year after the claim or cause of action first arises.
The Capital Bank Sites are provided, supported and hosted in the United States and intended for use by users located in the United States. Use of the Capital Bank Sites is governed by United States law, and United States privacy and data security laws may differ from those of other countries. If you are using the Capital Bank Sites from outside of the United States, please be aware that any information contained on the Capital Bank Sites is transferred to, stored and processed in the United States.
Waiver and Severability
The failure of Capital Bank to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Changes in Terms of Service
Capital Bank reserves the right, at its sole discretion, to update, modify, or replace any part of these Terms. All changes are effective immediately when we post them and apply to all access to and use of the Capital Bank Sites thereafter. It is your responsibility to check these Terms periodically for changes. If you find these Terms unacceptable at any time, you may discontinue your use of the Capital Bank Sites. Your continued use of or access to the Capital Bank Sites following the posting of any changes to this agreement constitutes acceptance of those changes, and you agree to be bound by the rules and obligations contained in the most recent version of these Terms.
TERMS EFFECTIVE: NOVEMBER 2016
Capital Bank Policies - Availability of Funds and Collection of Checks
Holds on Other Funds
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds already in your account. Those funds will be available when those from the check you cashed would have been available, if you had deposited it.
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account then would not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Longer Delays May Apply
Funds you deposit by check may be delayed for a longer period under the following circumstances:
- We believe a check you deposit will not be paid.
- You deposit checks totaling more than $5,000 on any one day
- You redeposit a check that has been returned unpaid
- You have overdrawn your account repeatedly in the last six months.
- There is an emergency, such as failure of communications or computer equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the 7th business day after the day of your deposit.
Special Rules for New Accounts
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
Funds from deposits of cash, wire transfers, and the first $5,000 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, slate and local government checks will be available on the first business day after the day of your deposit, if the deposit meets certain conditions.
For example, the checks must be payable to you (and you may have to use a special deposit slip). The excess over $5,000 will be available on the next business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,000 will not be available until the second business day after the day of your deposit. Funds from all other check deposits will be available according to the local and non-local schedule contained elsewhere in this disclosure.
Factors Affecting Your Ability to Withdraw Money From Your Account
NOW, Super NOW and
Business Checking Accounts
Like most financial institutions, our policy is to delay the availability of funds that you deposit in your account. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you and you have withdrawn them, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
If you have any questions, be sure and ask us.
How Long It Takes for Your
Check to Clear
The length of the delay is counted in business days from the day of your deposit. Every day except Saturday, Sunday, and a federal holiday is a business day. If you make a deposit on a business day that we are open, we will consider that day to be the day of your deposit. The length of the delay varies depending on the type of deposit and is explained below.
Funds from the following deposits will be available on the day we receive the deposit:
- Cashier’s, certified, and teller’s checks payable to you
- Checks drawn on us
- Wire transfers, including preauthorized credits, such as social security benefits and payroll payments
Funds from the following deposits are available on the first business day after the day of your deposit:
- U.S. Treasury checks payable to you.
If you make the deposit in person to one of our employees, funds from the following deposits are also available on the first business day after the day of your deposit:
- State and local government checks payable to you.
- Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
If you do not make your deposit in person to one of our employees (for example, if you mail your deposit), funds from these deposits will be available on the second business day after the day of your deposit.