1- General Information

These General Terms and Conditions govern the use of CAM’s Website, which is accessed via the following main address www.cam-miami.com, as well as through the URL addresses www.cam.es, and all addresses that permit direct access to sections or webpages belonging to the Website.

This Website is owned by Caja Mediterráneo, Miami Agency hereafter CAM. Details about this financial group can be viewed in the general information file, which can be accessed at www.cam.es.

2- Acceptance of these Terms and Conditions

Users are advised to read these General Terms and Conditions governing the Use of this Website, as this is a legally binding agreement. These General Terms and Conditions applies to all persons who are parties to the accounts.

Using or accessing this Website implies full understanding and acceptance of these General Terms and Conditions as well as any further terms and conditions that CAM might establish at any time. Consequently, it is the responsibility of the user or visitor to read carefully the current General Terms and Conditions of Use each time this Website is accessed.

Furthermore, the use of certain services available to users of this Website may also be subject to Specific Terms and Conditions, warnings or instructions that should also be read and unreservedly accepted, as well as the user’s specific Universal Account Agreement with CAM and other documents, disclosures, agreements and instruments executed by the user with, or in favor of, CAM.   User should refer to these Agreements or Disclosures for more information regarding user’s accounts.

3- Purpose

This Website enables users to access and use various services and contents offered by CAM or third parties.

The purpose of this Website is to provide commercial information and services; electronic registration for products or services; and information about products or services included in the CAM Website or other linked sites.

Any products and services contained in this Website are not FDIC insured.

The Electronic Fund Transfers Act governs some of the transactions permitted under these General Terms and Conditions, and some of the terms and conditions are disclosures required by the Act.  Business users are not entitled to those rights provided to consumers (natural persons using the system for personal or household use) by the Electronic Fund Transfers Act.  Therefore, the Electronic Fund Transfers Disclosure is not applicable to Business Accounts.

4- Terms and conditions governing access to and use of this Web Site

4.1 Free access

There is no charge to use the CAM Website. If any services offered on this Website charge for use, the user will be duly notified of this fact.  User is responsible for selecting all hardware and software and the Internet provider, and for any defect or malfunction, including interruption of Internet service.

4.2 User registration

In general, access to and use of the online banking features of this Website requires previous user registration with CAM. The user agrees to use the access codes provided (username and password created) in accordance with the following restrictions:

• The password chosen, which is chosen by the user, must not be unethical or go against generally accepted good practices; it must not damage the rights to honor or the image of third parties, nor infringe upon the industrial or intellectual property rights of third parties in any way. CAM recommends that the user develop a password which contains upper- and lower-case letters and numbers and that it does not contain the user’s name or other identifying information.  CAM employees will not ask user for their password.
  
• The access codes can only be used by the owner of said codes, who is fully responsible for their protection and correct usage. CAM cannot be held responsible for any damage incurred by the user or third parties as a consequence of other people using these passwords/codes, with or without the knowledge or consent of the user. The user must maintain the confidentiality of the password chosen. If user believes its password has been lost or stolen, or if user suspects any fraudulent activity on its account, call CAM immediately.
  
• User hereby releases CAM from any liability and agrees not to make any claim or bring any action against CAM for honoring or allowing any actions or transactions where user has authorized the person performing the action or transaction to use user’s account(s) and/or user has given its password to such person, or, in the case of a jointly held account such person is one of the owners of the account.  A person who has been furnished user’s password is considered an authorized user, unless user has notified CAM that activity by that person is no longer allowed.  User agrees to indemnify CAM and hold it harmless from and against any and all liability (including but not limited to reasonable attorneys’ fees) arising from the use by user of the system.

4.3 Truthfulness of user information

The user guarantees the truthfulness and authenticity of the information and details provided via any application and registration forms that might be required to access certain services.

The user is required to keep this information up-to-date so that it reflects reality at all times. Any false or inaccurate declaration that arises as a result of the information or data provided, as well as the damage this information might cause, will be the responsibility of the user.

CAM will digitally process this information in accordance with its nature or purpose, under the terms and conditions indicated in the personal data protection policy section. Further, user authorizes CAM and appropriate third parties to debit, transfer and process instructions initiated under user’s access codes. CAM is entitled to act on instructions received through this system under user’s access codes.

4.4 Obligation of correct use of services and contents.

4.4.1 The user is obliged to use the services and contents included in this Website correctly, in accordance with the current General Terms and Conditions, laws, morals and generally accepted good practices, as well as public order.

4.4.2 Unless prior and express authorization has been granted by CAM, the contents and services of this Website are for personal use only, and therefore users will refrain from carrying out any acts that could, directly or indirectly, lead to the commercial exploitation of said contents and services.

4.4.3 In any case, users must use the contents and services provided by CAM in accordance with current legislation, and shall be held responsible for any conduct or activities that might, in any way, be illicit or harmful to the rights of third parties, or which could damage, obstruct or limit the use of this Website by CAM or other users.

4.4.4 By way of an example – and it should be noted that the following is not in any way intended as an exhaustive list –users agree not to capture data or contents for advertising purposes and not to transmit or broadcast via this Website any messages, images, photographs, software, data or contents that:

• in any way contravene or infringe fundamental rights recognized by legislation.
• lead to, incite or promote criminal, derogatory, libelous, slanderous, violent or discriminatory actions on the grounds of gender, race, religion or ideology, or actions that are in general against the law, morals or public order.
• are false, ambiguous, inaccurate, exaggerated, obscene or extemporaneous.
• are protected by intellectual or industrial property rights owned by third parties, except when prior and ample authorization has been granted by the legitimate owner.
• damage or might damage the right to honor or personal privacy, the image of third parties or that might infringe regulations pertaining to the secrecy or confidentiality of communications.
• constitute illicit, deceitful or dishonest publicity.
• contain viruses, Trojan horses or any other material or program that could damage or alter computing equipment or systems.

4.5 Access restrictions

CAM reserves the right to refuse access to this Website, without previous warning or justification, to any users who fail to abide by the current General Terms and Conditions of Use or if necessary to protect the users or CAM.

5- Industrial and Intellectual Property

5.1 Industrial Property

Distinctive items (logos and brand names) that appear on this Website, including the CAM Caja Mediterráneo logo and brand name, are the exclusive property of CAM. Consequently, it is forbidden for third parties to use them for any purpose without due authorization.

The temporary presence of distinctive items that do not belong to CAM on this Website and are not covered in the previous paragraph are used with the authorization of their legitimate owners or in accordance with the rights of the legitimate owners, and always with all due respect for their sole rights.

5.2 Domain names

In the same regard as the previous section, the domain name www.cam.es, www.cam-miami.comand all the domain names that provide direct or indirect access to this Website belong solely to CAM. Undue use of these domain names for commercial purposes is considered an infraction of the rights conferred with their registration and will be prosecuted by Law. 
   
5.3 Copyright
   
5.3.1 The contents, texts, photographs, designs, logos, images, sounds, videos, animation, recordings, computer programs, source codes, and in general, any intellectual creation that exists on this Website, as well as the Website itself as a complete multimedia artistic creation, are protected as copyright by current legislation governing intellectual property.

5.3.2 In accordance with the above, CAM has the sole right to reproduction, distribution, public communication and transformation, as well as any other economic right to the elements indicated in the previous paragraph.

5.3.3 Exceptions from this protection include any files or computer programs that are not owned by CAM and which are freeware which the user might be able to find and download from various pages in this Website in order to gain access to such pages and to the services offered. In all cases, these are applications that are in the public domain at the express wish of their authors.
   
5.4 Personal Use
   
CAM gives users permission to view, print, copy or save on their hard drive or any other physical medium, any protected intellectual creations or other contents or assets that may or may not protected by copyright, as long as this is for the user’s personal and private use only, not for commercial or distribution purposes, and so long as the aforementioned contents are not modified, altered or decompiled in any way. This personal use authorization is only acknowledged when the copyright and industrial property rights warnings included here are respected, and when this use does not require any kind of license.

Furthermore, the user is expressly authorized to download from this Website any computer programs owned by CAM, as long as this is done for the purposes of providing access to the services offered on this Website and for the user’s private and personal use of the services on the Website, not for commercial or distribution purposes, and so long as the aforementioned contents are not modified, altered or decompiled in any way, and the version of the original object code or its language are not translated into another code or language.
Any other use of the intellectual creations or contents on this Website requires express written authorization from CAM.

5.5 Right to legal action

The use of contents or services on this Website does not imply the concession of any license or user authorization of any kind regarding intellectual or industrial property rights or any other right.

The user of this Website agrees to respect the rights stated herein and to avoid any action that could damage them; in all cases, CAM reserves the right to take any appropriate legal action to defend its legitimate intellectual and industrial property rights.

6- Links

6.1 Links to other web pages that are separate from this Website.

6.1.1 The CAM Website contains various links that lead to separate webpages. The only purpose of these links is to provide access to other sources of general information on the Internet or other services offered. The inclusion of these links in this Website is based on respect for the intellectual and industrial property rights of the authors and legitimate owners of such sources.

6.1.2 CAM cannot be held responsible for the contents of the pages that can be accessed via the aforementioned links, for any modifications made to those web pages, the use that is made of them, or their technical availability.

However, CAM undertakes to do everything within its power to avoid the existence on its Website of links to sites with illegal or inappropriate contents contents. The moment CAM becomes aware of a link that leads to illegal or inappropriate information, it will act with due diligence to eliminate or invalidate said link.

6.2 Terms and conditions to include a link on this Website.

Any person or company that wishes to create a link from an external webpage or website to any of the pages contained in the CAM Website must abide by the following conditions:

• Any link to the CAM Website shall be made to its home page and shall only comprise the brand name “CAM Caja de Ahorros del Mediterráneo”, “CAM”, “Caja de Ahorros del Mediterráneo”, “Caja del Mediterráneo” or the graphic brand name “CAM Caja de Ahorros del Mediterráneo”; it is forbidden to use any other brand name, logo, slogan or other distinctive items owned by CAM.
• No frames, deep-links or image links shall be established to the CAM Website without the previous express authorization of CAM itself.
• No false, inaccurate, defamatory or incorrect declarations about the CAM Website shall be included, or about the services or contents therein.
• Establishing a link does not imply the existence of any kind of relationship between CAM and the owner of the webpage or website from which the link is established, nor the knowledge or acceptance of CAM of the services and contents offered on said site and such should be stated on the webpage or website containing the link.
• Establishing links that do not comply with the aforementioned conditions will be considered an infringement of CAM’s intellectual and/or industrial property rights, protected under the terms indicated in section 5 of these General Terms and Conditions.

7- Disclaimer

7.1 Contents:

7.1.1 Information: the information, both belonging to CAM and to third parties, which appears on this Website is provided “as is” with no guarantees as to whether it is accurate and up-to-date. Consequently, CAM cannot be held responsible for possible damage arising from the use of this information.

CAM undertakes to do everything within its power to avoid the existence of illicit contents on its Website, and the moment it becomes aware of these contents, it will eliminate them or block access to them. However, the legality of information provided by third party suppliers, collaborators or users is not guaranteed.

7.1.2 in relation to the previous paragraph, documents published might have technical inconsistencies or unintentional typographical mistakes, for which CAM is not responsible. However, the owner of this Website apologizes for such mistakes and undertakes to correct said irregularities as soon as possible, and welcomes any comments, rectifications or suggestions, which the user can send to customerservice@cam-miami.com

7.1.3 Minors: CAM does not anticipate that this Website will be used by minors.  However, any use by CAM is not responsible for possible damage arising from the use of its services by minors. Their parents or legal guardians shall be considered responsible for all acts committed by the minors in their care.

7.2 Website Operation:

7.2.1 Privacy: CAM cannot guarantee absolute privacy in the use of this Website, since unauthorized third parties may be aware of this use and the circumstances under which it is carried out.

7.2.2 Viruses. CAM accepts no responsibility for any damage caused by computer viruses and cannot guarantee their absence.

7.2.3 Technical malfunctions: CAM cannot be held responsible for any malfunctions of the Website or any of its services arising from accidental circumstances, acts of God, necessary maintenance work or any other cause not attributable to CAM itself.

7.3. Disclaimer of warranties

CAM makes no warranty, express or implied, to user concerning the service, including, without limitation, any warranty of merchantability or fitness for particular purpose or non-infringement of third-party rights, unless disclaiming such warranty is prohibited by applicable law.

7.4 CAM's Responsibility for Processing Transactions.  CAM will not be liable:

7.4.1 If user does not have sufficient or available funds in an account to complete a transaction from that account or if that account has been closed.

7.4.2 If user has not properly followed the instructions on how to make a transfer;

7.4.3 If user has not given CAM complete, correct and current instructions so that we can make a transfer.

7.4.4 If withdrawals from any of user’s accounts have been prohibited by a court order such a garnishment or other legal process.

7.4.5 If user’s computer or software is not working properly and this problem should have been apparent to user when user attempted to authorize a transfer.

7.4.6 If losses or delays in transmission of instructions arising from the use of any Access Service Provider or caused by any browser software.

7.4.7 If the US Postal service causes a delay.

7.4.8 If circumstances beyond CAM’s control prevent making a transfer or payment, despite reasonable precautions that CAM has taken. Such circumstances include, but are not limited to, telecommunications outage, postal strikes, delays caused by payees, fires and floods.

7.4.9 This is not all-inclusive. User should refer to the Universal Account Agreement and other disclosures for other exceptions to CAM’s liability.

In no event shall CAM have any liability to user or any third party for any indirect, special or consequential damages resulting from or arising out of these general terms and conditions.

• Indemnification . User agrees to indemnify, defend and hold CAM, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to the use of the CAM online banking system.
  
• Third Parties . CAM is not liable for any loss or liability resulting from any failure of your equipment or software, or that of an internet browser provider such as Microsoft (Microsoft Explorer browser), by an internet access provider, or by an online service provider, nor will CAM be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access the CAM online banking system.
  
• Virus Protection. CAM is not responsible for any electronic virus, viruses, spyware or other corruption of user’s computer that user may encounter.  CAM suggests that user routinely scan its PC using a virus protection product, spyware, ad-aware or similar program. An undetected virus may corrupt and destroy user’s programs, files, and hardware.

7.5 User Responsibilities

7.5.1 User is responsible for all transfers and bill payments authorized using the CAM online banking system. If user permits other persons to use user’s password to perform transactions, user is responsible for any transaction they authorized from user’s account.

7.5.2 User should notify CAM immediately if user believes any of user’s accounts have been accessed, user’s password has been accessed or user’s password has been used without user’s permission. Contacting CAM right away will help reduce possible loses.

7.5.3 User is responsible for the security of user’s workstation and must safeguard both the operating system and browser.

8- Termination and Modification

Although, in principle, the duration of this Website is indefinite, CAM reserves the right to modify, cancel or withdraw its services or contents, partially or wholly, at any time, without previously notifying the Website users. Furthermore, the information, presentation and services offered on this Website might be subject to periodic or temporary changes that may be carried out freely by CAM without having to notify users beforehand.

9. Severability

In the event any one or more of the provisions of these General Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

10. Changes

CAM may change these General Terms and Conditions at any time. Changes to these General Terms and Conditions will be effective immediately after CAM makes them, unless applicable law requires CAM to give user advance notification. Those changes will be effective immediately after advance notice has been issued or upon the date stated in such notice, as required by applicable law.

11. Click-Through Consent

User understands and agrees that when you click on an "I agree" or similarly worded entry field, user’s agreement or consent will be legally binding and enforceable as the legal equivalent of a handwritten signature.

12. Assignment

CAM can assign our rights and delegate its duties under these General Terms and Conditions to a company affiliated with CAM or to any other party. User may not assign its rights or duties to anyone else.

13. Notices

Unless otherwise required by applicable law, any notice or written communication given pursuant to these General Terms and Conditions may be sent to user electronically.

14. Privacy Policy.  CAM’s Privacy Policy applies to user hereunder.

15. Electronic Fund Transfer Provisions for Consumers (Depositor Agreement)

15.1 Applicability  These provisions are only applicable to online electronic fund transfers which credit or debit a consumer's checking, savings, money market or other asset account and are subject to the Federal Reserve Board's Regulation E (an "EFT"). When applicable, CAM may rely on any exceptions to these provisions which are contained in Regulation E. All terms that are not defined in this Agreement but which are defined in Regulation E shall have the same meaning when used in this section.

15.2 EFT Liability. The following determines user’s liability for any unauthorized EFT or any series of related unauthorized EFTs:

15.2.1  If user notifies CAM within two (2) banking business days after user’s password was lost or stolen, user’s liability will not exceed $50.00 or the amount of the unauthorized EFTs that occur before notification, whichever is less.

15.2.2  If user fails to notify CAM within two (2) banking business days after user’s password was lost or stolen, user’s liability will not exceed the lesser of $500.00 or the total of:

15.2.2.1   $50.00 or the amount of unauthorized EFTs that occur within the two (2) banking business days; and

15.2.2.2   The total of unauthorized EFTs which occur during the two (2) banking business days before notification to CAM, provided CAM establishes that these EFTs would not have occurred had CAM been notified within that two-day period.

15.3  User must report an unauthorized EFT, which appears on user’s periodic statement, no later than 60 calendar days of transmittal of the statement to avoid liability for subsequent transfers. User’s liability will not exceed the amount of the unauthorized EFTs that occurred with the 60-calendar day period.

15.4 If the report is made orally, CAM will require that user send the complaint or question in writing within 10 banking business days. CAM will notify user with the results of the investigation within 10 banking business days and will correct any error promptly. If more time is needed, however, CAM may take up to 45 calendar days to investigate a complaint or question. If this occurs, CAM will credit user’s account within 10 banking business days for the amount user think is in error. This will allow user to use the money during the time it takes CAM to complete the investigation. If user’s complaint or question is not received in writing within 10 banking business days, CAM may not credit user’s account until the investigation is completed. If an alleged error involves an electronic fund transfer outside a state or territory or possession of the United States, the applicable time periods for action by CAM are 20 banking business days (instead of 10) and 90 calendar days (instead of 45). If it is determined that no error occurred, a written explanation will be sent to user within three (3) banking business days after the investigation is complete. User may request copies of the documents that were used in the investigation.

15.5 User may notify CAM by telephone, writing, or by email at customerservice@cam-miami.com. Notification by general email to report an unauthorized transaction is not secure and therefore not advised.

16- Applicable Laws and Jurisdiction

These General Terms and Conditions are governed by the laws of the State of Florida and the federal laws of the , United States of America, when applicable.

Any dispute in relation to the CAM Website shall be tried by the U.S. legal system; both parties shall be subject to the Jurisdiction of the Courts of Miami-Dade County, Florida, United States of America and its superior hierarchies, and expressly waive their right to the jurisdiction of their courts or any courts other than those mentioned.