Terms and Conditions

Terms of Use

You are currently viewing a page of the megabankusa.com web site or a related web site (the “Site”) belonging to Mega Bank or one of its affiliates. This Site and any of the services provided by Mega Bank in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms of Use. Please read these Terms of Use carefully. By accessing this Site you agree to be bound by these Terms of Use.

Services under these Terms of Use include financial services for consumers and businesses and business services offered to you directly by Mega Bank, and additional services available to you from independent third party service providers accessed through navigation from the Site.

Governing Law

The use of the Site is governed by the laws of the State of California and any applicable United States federal laws.

Copyrights/Trademarks/Restrictions on Use

All the pages and screens on the Site are owned and controlled by Mega Bank, except as otherwise expressly stated. The materials displayed on the Site are protected by U.S. and international copyright law and treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content of the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Moreover, the trademarks, trade names, and service marks used on the Site belong to Mega Bank or to various other parties. None of the information on the Site may be used, distributed, or reproduced for commercial or public purposes without prior express written permission. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without Mega Bank’s prior written consent.

Links to Other Sites/No Warranty or Endorsement

The Site may contain links to Web sites controlled or offered by third parties (non-affiliates of Mega Bank). Mega Bank hereby disclaimed liability for any other company’s Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

Alerts

Your enrollment in Mega Bank USA Online Banking and/or Mobile Banking (the “Service”) includes enrollment to receive transaction alerts and notifications (“Alerts”). Alerts are electronic notices from us that contain transactional information about your Mega Bank USA account(s). Account Alerts and Additional Alerts must be managed and/or added online through the Service. We may add new alerts from time to time or cancel old alerts. We usually notify you when we cancel alerts but are not obligated to do so. Mega Bank USA reserves the right to terminate its alerts service at any time without prior notice to you.

Methods of Delivery

We may provide alerts through one or more channels (“endpoints”): (a) a mobile device, by text message, (b) a mobile device, by push notification; (c) an email account, by an e-mail message; or (d) your Mega Bank USA Online Banking message inbox. You agree to receive alerts through these endpoints, and it is your responsibility to determine that each of the service providers for the endpoints described in (a) through (c) above supports the email, push notification, and text message alerts provided through the alerts service. Please be advised that text or data charges or rates may be imposed by your endpoint service provider. Alert frequency varies by account and preferences. You agree to provide us a valid mobile phone number or email address so that we may send you alerts. If your email address or your mobile device's number changes, you are responsible for informing us of that change. Your alerts will be updated to reflect the changes that you communicate to us with regard to your primary and secondary email addresses or mobile device number.

Alerts via Text Message

To stop alerts via text message, text "STOP" to 99588 at any time. Alerts sent to your primary email address will be unaffected by this action. To restore alerts on your mobile phone, just visit the alerts tab in Mega Bank USA Online Banking. For help with SMS text alerts, text “HELP” to 99588. In case of questions please contact customer service at (626) 282-3000 Our participating carriers include (but are not limited to) AT&T, T-Mobile®, U.S. Cellular®, Verizon Wireless, MetroPCS.

Limitations

Mega Bank USA provides alerts as a convenience to you for information purposes only. An alert does not constitute a bank record for the deposit or credit account to which it pertains. We strive to provide alerts in a timely manner with accurate information. However, you acknowledge and agree that your receipt of any alerts may be delayed or prevented by factor(s) affecting your mobile phone service provider, internet service provider(s) and other factors outside Mega Bank USA’s control. We neither guarantee the delivery nor the accuracy of the contents of each Alert. You agree to not hold Mega Bank USA, its directors, officers, employees, agents, and service providers liable for losses or damages, including attorneys' fees, that may arise, directly or indirectly, in whole or in part, from (a) a non-delivery, delayed delivery, or the misdirected delivery of an Alert; (b) inaccurate or incomplete content in an Alert; or (c) your reliance on or use of the information provided in an Alert for any purpose.

Alert Information

As alerts delivered via SMS, email and push notifications are not encrypted, we will never include your passcode or full account number. You acknowledge and agree that alerts may not be encrypted and may include your name and some information about your accounts, and anyone with access to your alerts will be able to view the contents of these messages.

Changes or Modification

Mega Bank reserves the right to change or modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking the link at the bottom of the Site. By continuing to use the Services after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement. Mega Bank reserves the right to terminate your access to the Services and Site, in whole or in part, at any time.

Privacy

We understand the need to safeguard your information and records from unauthorized use and disclosure. Please see the Mega Bank Privacy Policy.

Electronic Signature Policy

Mega Bank does not allow its directors, officers, employees or agents to enter into any agreement or obligation by email or any other electronic means without a specific written authorization to do so. Any agreement or obligation entered into is in violation of this policy and shall not be legally binding, valid or enforceable under the federal E-sign Act or any state counterpart or electronic signature law of any other country.

Scope of Consent for Electronic Delivery of Statement

Your consent to receive electronic statements covers the periodic statements you are provided in connection with your account(s). By using the electronic statement service, you accept and agree to be bound by the general terms and conditions governing electronic 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 electronic statements now existing or which may hereafter be enacted, issued or enforced, as well as such other terms and conditions governing the use of the other facilities, benefits or services that the Bank may from time to time make available to in connection with electronic statements.

Requesting a Paper Copy of your Account Statement

At any time, you may request a paper copy of any periodic statement or disclosure that has been delivered electronically. Paper copies may be acquired by contacting your local branch. We will provide the statement or disclosure to you via U.S. mail. You will be charged our standard copy and research fees, as outlined in the Schedule of Fees.

Your Right to Withdraw Consent

You retain the right to withdraw your consent for electronic delivery of periodic statements. You may withdraw your consent at any time by giving us at least ten (10) days’ prior notice by contacting your local branch. One you have withdrawn your consent; we will then discontinue the electronic statement service for the account(s); paper statements and notices will resume. The cancellation of the electronic statement service in no way affects the validity or legal effect of all electronic statements and disclosures which have been previously delivered electronically under the electronic statement service. There is no fee to withdraw your consent nor in resuming paper statements and notices.

How to update your Records

You agree to notify us immediately of any changes in your e-mail address or other information relevant to this Disclosure. Please note that you must provide us with a current e-mail address in order to use the electronic statement service. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your email address) through the Online Service, by contacting us at 626-282-3000 or write to us at 245 West Valley Boulevard, San Gabriel, CA 91776.

Hardware and Software Requirements

To access, view, and retain electronic communications that we make available to you, you must have:

-Internet browser that supports 128-bit encryption.
-Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit.
-An e-mail account with an internet service provider and e-mail software in order to participate in our electronic communications programs.
-A personal computer, tablet, or smart phone.
-An operating system and internet connection capable of receiving, accessing, displaying, and either printing or storing communications received from us in electronic form via a plain text-formatted e-mail or by access to our website using one of the browsers specified above.

These technical requirements are subject to change. If they change, you will be provided with an updated version of this agreement and asked to provide us with your consent in a manner that reasonably demonstrates your ability to receive notices and disclosures under the new technical requirements.

Disclaimer/Limitation of Warranty or Liability

THE SERVICES ARE OFFERED ON AN “AS IS”. “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

YOU ACKNOWLEDGE THAT NEITHER MEGA BANK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE.

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT MEGA BANK IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEGA BANK WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM, EVEN IF MEGA BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold harmless Mega Bank, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by your employee or agent, if applicable.