CIBC Bank USA Electronic Documents Agreement and Disclosure

Effective September 2023

General

This CIBC Bank USA Electronic Documents Agreement and Disclosure (“Agreement”) applies to all deposit accounts you have with CIBC Bank USA where electronic Documents are available. You must consent to this Agreement in order to receive electronic Documents.

Definitions

The terms “we,” “us” and “Bank” refer to CIBC Bank USA, or any affiliate, agent, independent contractor or designee that we may, at our sole discretion, involve in the provision of electronic Documents.

The terms “you” and “your” refer to the user of NetBanking®, including the Electronic Documents Agreement service, whether singular or plural, who is an individual or entity that is the primary account owner of an account at the bank.

The term “Document” or “Documents” includes any periodic statement, notice or tax form that you would otherwise receive via U.S. Postal mail, either as required by law or those provided to you as a service, in connection with your checking, savings, certificate of deposit and money market accounts.

Scope of Documents to be provided in electronic form

When you elect to receive your Documents in electronic form, you agree that we may provide you with any Document in electronic form and that we may discontinue sending paper statements, notices or any other Document to you via U.S. Postal mail, unless and until you withdraw your consent as described in this Agreement.

Method of providing Documents to you in electronic form

All Documents that we provide to you in electronic form will be provided as follows:

By access to a website that we will designate in an email notice we send to you at the time the information is available; and
By access to a website that we will generally designate in advance.

You previously registered an email address when you set up your NetBanking Services. We will send you notification of new available Documents at the email address you registered. Please review the email address you have on record in the Customer Service page of the NetBanking website to confirm that it is current. You are required to provide a current email address to receive notification of available electronic Documents. You will also be able to access your electronic Documents via the NetBanking website from the Online Documents menu page. A user ID and password are needed to use NetBanking Services (referred to as a “User ID” and a “Password”), as well as other security information (referred to as “Security Information”) that we may specify from time to time. Your access to NetBanking Services will be denied if you do not enter the correct User ID, Password or, if applicable, Security Information.

To prevent unauthorized access to your Accounts and to prevent unauthorized use of NetBanking Services, you agree to:

Protect and keep confidential your User ID, Password, Security Information and any other information or items needed to access NetBanking Services;
Assume and accept all liability that legally can be imposed on you for each use of your User ID, Password and Security Information whether or not the use was authorized by you; and
Immediately notify us if you have reason to believe your User ID, Password, Security Information or any other information or items that may allow access to NetBanking services has been lost, stolen or otherwise compromised, or if you have reason to suspect that unauthorized access to your accounts has occurred through NetBanking Services.

Additionally, without limiting the foregoing, business clients are solely responsible for changing User IDs, Passwords and Security Information when any employee’s employment by the business is terminated.

How to withdraw consent

You may withdraw your consent to receive Documents in electronic form by contacting the Client Support Center at (877) 448-6500 or by accessing the Change Delivery Method link provided on the Online Documents menu page of the NetBanking Website. Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. At our option, we may treat your provision of an invalid email address or the subsequent malfunction of a previously valid email address as a withdrawal of your consent to receive electronic Documents. Withdrawal of your consent to receive Documents electronically will terminate your use of Electronic Documents and reinstate your paper Documents.

Note: For retirement accounts, the opt-out made via NetBanking Services will not automatically be reflected in your Change Document Delivery Method window, and there may be period of time where you receive both electronic and paper statements.

How to update your records

It is your responsibility to provide us with a true, accurate and complete email address, contact information and other information related to this Agreement and your Accounts, and to maintain and update promptly any changes to this information. You can update information through NetBanking Services, by contacting us at (877) 448-6500 or by writing to us at:

CIBC Bank USA
6825 West 111th Street
Worth, Illinois 60482
Attention: Client Support Center

Hardware and software requirements

You are responsible for obtaining, installing, maintaining, and operating all software, hardware or other equipment (collectively, "Systems") necessary for you to access and use NetBanking Services. This responsibility includes, without limitation, your utilizing up-to-date web browsers and access devices and the best commercially available encryption, antivirus, anti-spyware and Internet security software. Additionally, you are responsible for obtaining Internet services via the Internet service provider of your choice, for any and all fees imposed by such Internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the Internet and you hereby expressly assume such risks, including, but not limited to those we may disclose in our educational materials. You acknowledge that you are responsible for the data security of the Systems used to access NetBanking Services and for the transmission and receipt of information using such Systems. You acknowledge that you have requested NetBanking Services for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems, nor are we responsible for notifying you of any upgrades, fixes, or enhancements to, or for providing technical or other support for, your Systems. Although we may provide a link to a third party website where you may download software, we make no endorsement of any specific software, hardware or Internet Service Provider, and your use of any such software, hardware or service may be subject to a license.

You will also need Adobe^® Reader^® software version 5.0 or higher in order to read your Online Documents. To retain a printed copy of your Online Documents, you will need a printer connected to your computer that is capable of printing from your Internet web browser.

Requesting paper copies

We will not send you a paper copy of any Document, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Document by printing it yourself or by requesting that we mail you a paper copy, provided that this request is made within a reasonable time after we first provided the electronic Document to you. To request a paper copy, contact us at:

CIBC Bank USA
6825 West 111th Street
Worth, Illinois 60482
Attention: Client Support Center

We may charge you a reasonable service charge, of which we have provided you with notice, for the delivery of paper copies of any Document provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper, instead of electronic, copy of any Document that you have authorized us to provide electronically.

Documents in writing

All Documents in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other communication that is important to you.

Federal law

You acknowledge and agree that your consent to electronic Documents is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“Act”). You also agreethat you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

Termination and amendments

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Documents, or to terminate or change the terms and conditions on which we provide electronic Documents. We will provide you with notice of any such termination or change as required by law.

Consent

By selecting the box confirming your agreement that you have read and agree to the terms of the CIBC Bank USA Electronic Document Agreement and Disclosure on the enrollment page, you consent and request that the Bank provide you with electronic Documents and cease providing you with paper documents as described in this Agreement. You further agree that your computer satisfies the hardware and software requirements specified above, that you have provided us with a current email address at which we may notify you about the availability of electronic Documents and that you were able to view and print this Agreement.